JOB ORDER CONTRACTSAPPROVE SIX FY 2010-11 CONTRACT - JOC R2010.PDF

JOB ORDER CONTRACT: ***
Contract No.: 918-**-***
00005 Table of Contents
Section Description Number of Pages
Division 0 - Bidding & Contract Requirements
00005 Table of Contents .............................................................................................. 1
00500 Construction Contract ....................................................................................... 4
00610 Payment Bond and Performance Bond ............................................................. 3
00700 General Conditions Table of Contents .............................................................. 6
00700 General Conditions to the Construction Contract ............................................. 38
Exhibit A – Definitions to the General Conditions ............................................. 4
Exhibit B – Alternate Dispute Resolution .......................................................... 5
Exhibit C – Small Business Enterprise Construction Contracting
Requirements .............................................................................................. 2
Exhibit D – Best and Final Offer Pricing Proposal Form .................................... 1
Exhibit E – Task Order and Task Tracking Forms ............................................... 3
Exhibit F – Performance Bond and Payment Bond Forms ................................ 2
Exhibit G – Technical Proposal dated ..................................................... 1
Exhibit H – Subcontractor Selection and Management Plan ............................ 3
END OF SECTION
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Contract No.: 918-**-***
SECTION 00500
JOB ORDER CONTRACT
A. EFFECTIVE DATE:
This CONTRACT is entered into by and between the Owner and the Job Order Contractor as
Contract No. 918- , and shall be effective as of July 1, for a period of three (3)
consecutive years with two (2) one-year options to extend.
B. OWNER:
MARICOPA COUNTY
c/o Facilities Management Department
401 West Jefferson Street
Phoenix, Arizona 85003
C. JOB ORDER CONTRACTOR:
Office: ( ) ; Fax: ( )
D. RECITALS:
The scope of work and specifications for a broad range of services will be identified in individual
Task Orders issued by the Owner.
NOW THEREFORE, intending to be legally bound and for valuable consideration, the receipt and
sufficiency of which are acknowledged, the Owner and Job Order Contractor agree as follows:
E. AGREEMENTS:
1 THE CONTRACT
1.1 The documents listed in 6.1 below and definitions contained Section 00700, Exhibit A, shall
govern this Job Order Contract.
2 THE WORK
2.1 The Job Order Contractor shall execute the entire Work described by each Task Order or
which is reasonably inferable and necessary to produce the results intended by the Contract
and the Task Order.
3 CONTRACT TIME
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3.1 This contract for services is for a period of three (3) consecutive years, with two one-year
options to extend the contract time, and shall expire on June 30, unless the options
are exercised and written extensions of time processed prior to the expiration date.
4 CONTRACT SUM
4.1 The Owner shall pay the Job Order Contractor in current funds for the Job Order
Contractor’s performance of individual Task Orders in an aggregate amount not to exceed
Million Dollars ($ ,000,000.00) per Fiscal Year, which Fiscal Year shall be
designed by the Owner as beginning on July 1 and ending on June 30 of each year following
the effective date of the contract. Should any time period under this contract be less than
12 months the amount to be paid during such shorter period shall be equal to one-twelfth
(1/12) of the fiscal year total for each one month period (pro rated on a per diem basis for
any partial calendar months) not to exceed 60 months for the entire contract length (thirty-
six month original length with two twelve-month options to extend). The Owner does not
guarantee a minimum Contract Sum under this Contract, and Job Order Contractor, in
accepting this Contract, does not expect a minimum Contract Sum.
5 PAYMENTS
5.1 Payments will be made in accordance with Article 9 of the General Conditions to the Job
Order Contract and A.R.S. § 34-607.
6 CONTRACT DOCUMENTS
6.1 The Contract consists of the following documents:
6.1.1 The Job Order Contract – Section 00500.
6.1.2 The General Conditions to the Job Order Contract – Section 00700.
6.1.3 Change Orders, Change Directives, amendments or modifications to the Contract.
6.1.4 Any and all document issued during the procurement process for this Contract.
6.1.5 Task Order documents including, but not limited to: Task Orders, Task Modifications,
associated plans and specifications.
6.1.6 Any addenda to any other Contract documents.
6.1.7 Exhibits to Section 00700:
Exhibit A – Definitions to the General Conditions to the Job Order Contract
Exhibit B – Alternative Dispute Resolution (ADR)
Exhibit C – Small Business Enterprise Construction Contracting Requirements
Exhibit D – Request for Proposal Form
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Exhibit E – JOC Proposal and Schedule of Values Form
Exhibit F – Performance Bond and Payment Bond Forms
Exhibit G – Technical Proposal dated
Exhibit H – Sudan/Iran Statement
Exhibit I – Legal Worker Statement
Exhibit J – JOC Contact List
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JOB ORDER CONTRACT: ***
Contract No.: 918-**-***
Job Order Contractor Name
_______________________________ _______________________________
Principal (Signature) Date
______________________
Printed Name Federal Tax Identification Number
________________________ ROC ______________________
Title Arizona Contractor’s License Number
COUNTY OF MARICOPA, ARIZONA
RECOMMENDED BY: ACCEPTED AND APPROVED:
_______________________________ __________________________________
Department Head Date Chairman, Board of Supervisors Date
ATTEST:
__________________________________
Clerk of the Board Date
LEGAL REVIEW
Approved as to form and within the powers
and authority granted under the laws of the
State of Arizona to Maricopa County.
MARICOPA COUNTY
By: __________________________________
Attorney for the Board of Supervisors
Date: _________________________________
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Contract No.: 918-**-***
TABLE OF CONTENTS – Section 700
Page No.
ARTICLE 1 GENERAL PROVISIONS .................................................................................................................. 1
1.1 DEFINITIONS, CORRELATION AND INTENT .......................................................................... 1
1.1.1 Definitions ............................................................................................................................. 1
1.1.2 Entire Agreement .................................................................................................................. 1
1.1.3 Contractual Relationship ....................................................................................................... 1
1.1.4 Intent ..................................................................................................................................... 1
1.1.5 Request for Information/Interpretation ............................................................................... 1
1.1.6 Contract Document Order of Precedence ............................................................................. 1
1.1.7 Discrepancies in Contract ...................................................................................................... 2
1.1.8 Organization of Specifications and Drawings Not to Control Division of Work .................... 2
1.1.9 Job Order Contractor Solely Responsible for Division of Work ............................................. 2
1.1.10 Technical and Industry Meanings ......................................................................................... 2
1.1.11 Current Standards ................................................................................................................. 2
1.2 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS ........ 2
1.2.1 Minor Design Services ........................................................................................................... 2
1.2.2 Drawings, Specifications, and Copies Property of Owner ..................................................... 2
ARTICLE 2 OWNER ................................................................................................................................. 3
2.1 INFORMATION AND SERVICES REQUIRED OF THE OWNER ................................................ 3
2.1.1 Survey .................................................................................................................................... 3
2.1.2 Communication with Job Order Contractor .......................................................................... 3
2.1.3 Aesthetic Decisions ............................................................................................................... 3
2.2 OWNER’S RIGHT TO STOP THE WORK ................................................................................. 3
2.3 OWNER’S RIGHT TO CARRY OUT THE WORK ...................................................................... 3
ARTICLE 3 JOB ORDER CONTRACTOR .................................................................................................... 4
3.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY JOB ORDER
CONTRACTOR ....................................................................................................................... 4
3.1.1 Notice of Errors ..................................................................................................................... 4
3.1.2 Examination of Site ............................................................................................................... 4
3.1.3 Job Order Contractor License ................................................................................................ 4
3.1.4 Contract Compliance with Law ............................................................................................. 4
3.1.5 Job Order Contractor Compliance with Contract .................................................................. 5
3.2 SUPERVISION AND CONSTRUCTION PROCEDURES ............................................................. 5
3.2.1 Job Order Contractor to Supervise Work .............................................................................. 5
3.2.2 Acts and Omissions ............................................................................................................... 5
3.2.3 Duty to Perform .................................................................................................................... 5
3.2.4 Duty to Inspect ...................................................................................................................... 5
3.2.5 Limitation on Liability............................................................................................................ 5
3.2.6 Site Protection ....................................................................................................................... 5
3.3 LABOR AND MATERIALS ....................................................................................................... 5
3.3.1 Job Order Contractor to Provide ........................................................................................... 5
3.3.2 Skilled Labor .......................................................................................................................... 6
3.3.3 Standard of Quality ............................................................................................................... 6
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3.3.4 Trade Names or Equals ......................................................................................................... 6
3.4 SUBSTITION OF PRODUCTS .................................................................................................. 6
3.4.1 Requests for Substitutions .................................................................................................... 6
3.4.2 Conditions for Substitutions .................................................................................................. 6
3.4.3 Criteria for Acceptance or Rejection of Substitutes .............................................................. 6
3.4.4 Expense for Modification ...................................................................................................... 7
3.4.5 Rejection of Substitute .......................................................................................................... 7
3.5 WORK HOURS ....................................................................................................................... 7
3.6 WARRANTY ........................................................................................................................... 7
3.6.1 Free from Defects .................................................................................................................. 7
3.6.2 Assignment of Warranties .................................................................................................... 7
3.7 TAXES .................................................................................................................................... 7
3.8 PERMITS AND FEES ............................................................................................................... 8
3.8.1 Permits and Fees ................................................................................................................... 8
3.8.2 Permit Set Copies .................................................................................................................. 8
3.9 JOB ORDER CONTRACTOR KEY PERSONNEL ........................................................................ 8
3.9.1 On Site ................................................................................................................................... 8
3.9.2 Satisfactory to Owner ........................................................................................................... 8
3.10 JOB ORDER CONTRACTOR’S SCHEDULES ............................................................................. 8
3.10.1 Job Order Contractor Construction Schedule ........................................................................ 8
3.10.2 Updated Schedules ................................................................................................................ 9
3.10.3 Scheduling Cooperation ........................................................................................................ 9
3.10.4 Conform to Most Recent Schedule ........................................................................................ 9
3.10.5 Selection of Products ............................................................................................................. 9
3.10.6 Compliance with Schedules ................................................................................................... 9
3.11 DOCUMENTS AND SAMPLES AT THE SITE ........................................................................... 9
3.11.1 Job Order Contractor to Maintain ......................................................................................... 9
3.11.2 Record Documents ................................................................................................................ 9
3.11.3 Preparation of Manuals ........................................................................................................ 9
3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES ............................................................ 10
3.12.1 Not Part of Contract .............................................................................................................. 10
3.12.2 Prompt Submittal .................................................................................................................. 10
3.12.3 Review Required.................................................................................................................... 10
3.12.4 Representations Made by Submittals ................................................................................... 10
3.12.5 Effect of Review .................................................................................................................... 10
3.12.6 Revisions to Submittals ......................................................................................................... 10
3.12.7 Informational Submittals ...................................................................................................... 10
3.12.8 Professional Certification ...................................................................................................... 10
3.13 USE OF SITE ........................................................................................................................... 11
3.13.1 Limits on Use ......................................................................................................................... 11
3.13.2 Owner Approval .................................................................................................................... 11
3.13.3 Display of Signs ..................................................................................................................... 11
3.13.4 Equipment Location .............................................................................................................. 11
3.13.5 Security .................................................................................................................................. 11
3.14 CUTTING AND PATCHING ..................................................................................................... 11
3.14.1 Job Order Contractor Responsible ......................................................................................... 11
3.15 CLEAN UP .............................................................................................................................. 11
3.15.1 Daily Clean Up ....................................................................................................................... 11
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3.15.2 Final Clean Up ....................................................................................................................... 11
3.15.3 Failure to Clean Up ............................................................................................................... 12
3.15.3 Clean Up Disputes ................................................................................................................. 12
3.16 ACCESS TO WORK ................................................................................................................. 12
3.17 ROYALTIES AND PATENTS .................................................................................................... 12
3.17.1 Job Order Contractor Responsibility...................................................................................... 12
3.17.1 Effect of Review by Owner .................................................................................................... 12
ARTICLE 4 ADMINISTRATION AND RESOLUTION OF DISPUTES ........................................................... 12
4.1 ADMINISTRATION OF THE CONTRACT ................................................................................ 12
4.1.1 Concurrent Site Use ............................................................................................................... 12
4.2 CLAIMS AND DISPUTES ........................................................................................................ 13
4.2.1 Time Limits on Claims ........................................................................................................... 13
4.2.2 Continuing Contract Performance ........................................................................................ 13
4.2.3 Claims for Concealed or Unknown Conditions ...................................................................... 13
4.2.4 Claims for Additional Cost ..................................................................................................... 13
4.2.5 Claims for Additional Time .................................................................................................... 14
4.2.6 Injury or Damage to Person or Property ............................................................................... 15
4.2.7 Correspondence Issues .......................................................................................................... 15
4.3 ALTERNATIVE DISPUTE RESOLUTION .................................................................................. 15
ARTICLE 5 SUBCONTRACTORS ....................................................................................................................... 15
5.1 CONTRACTUAL RELATIONSHIP ............................................................................................ 15
5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK ... 15
5.2.1 Division of Work .................................................................................................................... 15
5.2.2 Proposed Subcontractors ...................................................................................................... 15
5.3 SUBCONTRACTUAL RELATIONS ........................................................................................... 15
5.3.1 Subcontractors Subject to Contract ...................................................................................... 15
5.3.2 Terms to be Included in Subcontracts ................................................................................... 16
5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACT .................................................................. 16
ARTICLE 6 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS ............................................... 16
6.1 OWNER’S RIGHT TO PERFORM CONSTRUCTION WITH OWN FORCES AND TO AWARD
OTHER CONTRACTS .............................................................................................................. 16
6.2 MUTUAL RESPONSIBILITY .................................................................................................... 17
6.2.1 Coordination with Owner’s Forces ........................................................................................ 17
6.2.2 Defects in Other Work ........................................................................................................... 17
6.2.3 Damage to Other Work ......................................................................................................... 17
ARTICLE 7 CHANGES IN THE WORK ....................................................................................................... 17
7.1 CHANGE ORDERS .................................................................................................................. 17
7.1.1 Defined .................................................................................................................................. 17
7.1.2 Task Order Sum ..................................................................................................................... 17
7.1.3 Actual Costs ........................................................................................................................... 17
7.1.4 Unit Prices ............................................................................................................................. 17
ARTICLE 8 TIME ...................................................................................................................................... 18
8.1 PROGRESS AND COMPLETION ............................................................................................. 18
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8.1.1 Consent to Task Order ........................................................................................................... 18
8.1.2 Compliance with Task Order Time ........................................................................................ 18
8.1.3 Notice Required Before Commencing Work.......................................................................... 18
8.1.4 Maintenance of Utilities ........................................................................................................ 18
8.2 DELAYS AND EXTENSION OF TIME ....................................................................................... 18
8.2.1 Notice of Delays .................................................................................................................... 18
8.2.2 Claims for Additional Time .................................................................................................... 18
8.2.3 Recovery of Damages Not Precluded .................................................................................... 18
8.3 TIME OF ESSENCE ................................................................................................................. 19
ARTICLE 9 PAYMENTS AND COMPLETION ............................................................................................ 19
9.1 SCHEDULE OF VALUES .......................................................................................................... 19
9.2 APPLICATIONS FOR PAYMENT ............................................................................................. 19
9.2.1 Defined .................................................................................................................................. 19
9.2.2 Change Order Required for Payment .................................................................................... 19
9.2.3 Disputes with Subcontractors ............................................................................................... 19
9.2.5 Payment for Stored Materials ............................................................................................... 19
9.2.6 Lien Waivers .......................................................................................................................... 20
9.3 RECOMMENDATION FOR PAYMENT ................................................................................... 20
9.3.1 Timing for Recommendation ................................................................................................ 20
9.2.3 Recommendation Subject to Later Evaluation ...................................................................... 20
9.4 DECISIONS TO WITHHOLD RECOMMENDATION ................................................................. 21
9.4.1 Criteria for Withholding Recommendation ........................................................................... 21
9.4.2 Recommendation Made Upon Compliance .......................................................................... 22
9.5 PAYMENTS TO SUBCONTRACTORS ...................................................................................... 22
9.5.1 Payment to be Made Within Seven Days .............................................................................. 22
9.5.2 No Obligation to Oversee Payments ..................................................................................... 22
9.5.3 Payment No Acceptance of Work ......................................................................................... 22
9.6 INTEREST ............................................................................................................................... 22
9.7 FAILURE OF PAYMENT .......................................................................................................... 22
9.8 SUBSTANTIAL COMPLETION ................................................................................................ 23
9.8.1 Defined .................................................................................................................................. 23
9.8.2 Certificate of Substantial Completion ................................................................................... 23
9.9 FINAL COMPLETION AND FINAL PAYMENT ......................................................................... 23
9.9.1 Final Inspection ..................................................................................................................... 23
9.9.2 Conditions to Final Payment ................................................................................................. 24
9.9.3 Delay of Final Completion ..................................................................................................... 24
9.9.4 Waiver of Claims ................................................................................................................... 24
ARTICLE 10 PROTECTION OF PERSON AND PROPERTY .......................................................................... 24
10.1 SAFETY PRECAUTIONS AND PROGRAMS ............................................................................. 24
10.1.1 Job Order Contractor’s Responsibility ................................................................................... 24
10.1.2 Remedy for Failure to Maintain Safety ................................................................................. 24
10.1.3 Environmental Hazards ......................................................................................................... 24
10.1.4 Duty to Stop Work ................................................................................................................. 25
10.2 PROTECTION OF PERSONS AND PROPERTY ........................................................................ 25
10.2.1 Job Order Contractor’s Duty to Protect ................................................................................. 25
10.2.2 Compliance with Safety Notices and Laws ............................................................................ 25
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10.2.3 Safety Precautions ................................................................................................................ 25
10.2.4 Use of Explosives of Hazardous Materials ............................................................................ 26
10.2.5 Job Order Contractor Liability ............................................................................................... 26
10.2.6 Competent Person ................................................................................................................. 26
10.2.7 Accident Reports ................................................................................................................... 26
10.2.8 Safety Cooperation ............................................................................................................... 26
10.2.9 Risk of Loss ............................................................................................................................ 26
10.3 EMERGENCIES ....................................................................................................................... 26
ARTICLE II INDEMNIFICATION AND INSURANCE .................................................................................. 27
11.1 INDEMNIFICATION ............................................................................................................... 27
11.1.1 Job Order Contractor’s Duty to Indemnify ............................................................................ 27
11.1.2 Abrogation of Arizona Revised Statutes Article 34-226 ........................................................ 27
11.2 INSURANCE ........................................................................................................................... 27
11.2.1 General Conditions ................................................................................................................ 27
11.2.2 Required Coverages .............................................................................................................. 28
11.2.3 Waiver of Rights Against Owner ........................................................................................... 30
11.2.4 Certificates of Insurance ....................................................................................................... 30
11.2.5 Cancellation and Expiration Notice ....................................................................................... 30
11.3 PERFORMANCE AND PAYMENT BONDS .............................................................................. 30
11.3.1 A.R.S. § 34-222 ...................................................................................................................... 30
11.3.2 Copies to Potential Beneficiaries ........................................................................................... 30
ARTICLE 12 UNCOVERING AND CORRECTION OF WORK ....................................................................... 31
12.1 UNCOVERING OF WORK ...................................................................................................... 31
12.1.1 Duty to Uncover Work........................................................................................................... 31
12.1.2 Cost of Uncovering Work ...................................................................................................... 31
12.2 CORRECTION OF WORK ........................................................................................................ 31
12.2.1 Duty to Correct Rejected Work ............................................................................................. 31
12.2.2 One Year Duty to Correct Work ............................................................................................ 31
12.2.3 Removal of Nonconforming Work ........................................................................................ 32
12.2.4 Owner’s Right to Correct Nonconforming Work ................................................................... 32
12.2.5 Cost of Correcting Other Affected Work ............................................................................... 32
12.2.6 Warranty Periods .................................................................................................................. 32
12.3 ACCEPTANCE OF NONCONFORMING WORK ....................................................................... 33
ARTICLE 13 MISCELLANEOUS PROVISIONS ............................................................................................. 33
13.1 GOVERNING LAW ................................................................................................................. 33
13.2 SUCCESSORS AND ASSIGNS ................................................................................................. 33
13.3 NOTICES ................................................................................................................................ 33
13.3.1 Methods of Notice................................................................................................................. 33
13.3.2 Authorized Persons ............................................................................................................... 33
13.4 RIGHTS AND REMEDIES ........................................................................................................ 34
13.4.1 Legal Rights ........................................................................................................................... 34
13.4.2 No Waiver ............................................................................................................................. 34
13.5 TESTS AND INSPECTIONS ..................................................................................................... 34
13.5.1 Job Order Contractor’s Duty to Administer ........................................................................... 34
13.5.2 Additional Testing and Inspection ......................................................................................... 34
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13.5.3 Costs for Testing and Inspection ........................................................................................... 34
13.5.4 Certificates ............................................................................................................................ 34
13.5.5 Prompt Testing and Inspection ............................................................................................. 34
13.6 MANUFACTURERS’ NAMEPLATES ........................................................................................ 35
13.7 MANUFACTURERS’ INSTRUCTIONS ..................................................................................... 35
13.8 SBE REQUIREMENTS ............................................................................................................. 35
ARTICLE 14 COMPLIANCE WITH LAWS .................................................................................................... 35
14.1 APPLICABLE LAWS ................................................................................................................ 35
14.2 ACCESS .................................................................................................................................. 35
14.3 HEADINGS ............................................................................................................................. 35
14.4 INTERPRETATION ................................................................................................................. 36
ARTICLE 15 TERMINATION OR SUSPENSION OF THE CONTRACT .......................................................... 36
15.1 TERMINATION BY THE OWNER FOR CAUSE ........................................................................ 36
15.1.1 Criteria for Termination for Cause ........................................................................................ 36
15.1.2 Effect of Termination for Cause ............................................................................................ 36
15.1.3 Job Order Contractor Right to Receive Payment................................................................... 37
15.1.4 Costs for Finishing Work ....................................................................................................... 37
15.2 SUSPENSION BY THE OWNER FOR CONVENIENCE .............................................................. 37
15.2.1 Owner’s Right ........................................................................................................................ 37
15.2.2 Adjustment in Contract Sum ................................................................................................. 37
15.2.3 Method for Adjustment in Contract Sum .............................................................................. 37
15.3 OWNER’S TERMINATION FOR CONVENIENCE ..................................................................... 37
15.3.1 Effect of Termination for Convenience .................................................................................. 37
15.3.2 Job Order Contractor’s Exclusive Remedy ............................................................................. 38
15.3.3 Warranties, Guarantees, and Indemnities to Remain in Effect ............................................ 38
15.3.4 Conversion of Termination for Cause to Termination for Convenience ................................ 38
15.3.5 Remedy Limited to Damages ................................................................................................ 38
15.3.6 Notice that Contract is Subject to Termination Provisions of A.R.S. § 38-511 ...................... 38
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SECTION 00700
GENERAL CONDITIONS TO THE CONSTRUCTION CONTRACT
ARTICLE 1 GENERAL PROVISIONS
1.1 DEFINITIONS, CORRELATION AND INTENT
1.1.1 Definitions. Unless otherwise provided herein, capitalized terms used in this Contract, and not
otherwise defined herein, have the respective meanings set forth in Exhibit A, which is
attached hereto and incorporated herein by this reference.
1.1.2 Entire Agreement. The Contract represents the entire and integrated agreement between the
parties hereto and supersedes prior negotiations, representations, or agreements, either
written or oral.
1.1.3 Contractual Relationship. The Contract shall not be construed to create a contractual
relationship of any kind (1) between the Owner and a Subcontractor or (2) between any
persons or entities other than the Owner and Job Order Contractor. The Owner shall, however,
be entitled to performance and enforcement of obligations under the Contract intended to
facilitate performance of their duties.
1.1.4 Intent. The intent of the Contract is to include all items necessary for the proper execution and
completion of the Work by the Job Order Contractor.
1.1.5 Request for Information/Interpretation. The Job Order Contractor shall submit requests for
information and/or interpretation of the Contract to the Owner’s designee.
1.1.6 Contract Document Order of Precedence. The Drawings, Specifications, Task Orders, and other
Contract Documents will govern the Work. The Contract Documents are intended to be
complementary and cooperative and to describe and provide for a complete Project. Anything
in the Specifications and not on the Drawings, or on the Drawings and not in the Specifications
shall be as though shown or mentioned in both.
1.1.6.1 If there is a conflict between Contract Documents, the document highest in precedence
shall control. The precedence for the Contract Documents shall be:
1.1.6.1.1 The Contract.
1.1.6.1.2 Change Orders, Supplemental Agreements, and approved revisions to the Contract.
1.1.6.1.3 Building permits and other agency permits (i.e., dust control, adjacency, NESHAP,
etc.) as required by law.
1.1.6.1.4 Task Order Documents
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1.1.6.1.4.1 Specifications.
1.1.6.1.4.2 Task Order Drawings.
1.1.6.1.4.3 Material/Equipment Schedules.
1.1.6.1.4.4 Detailed Plans.
1.1.6.1.4.5 General Plans.
1.1.6.1.5 Standard Plans, i.e. standard structural details, devices, or instructions referred to
on the Plans or Specifications by title or number.
1.1.6.2 The Job Order Contractor shall, upon discovering any error or omission in the Drawings or
Specifications, immediately call it to the attention of the Owner.
1.1.7 Discrepancies in Task Orders. If there is any discrepancy, inconsistency, or ambiguity in the
quality or quantity of the Work or materials required under a Task Order, the Job Order
Contractor shall (1) immediately bring such discrepancy, inconsistency, or ambiguity to the
attention of the Owner, and (2) provide the better quality of and/or greater quantity of the
Work or materials, without an increase in the Task Order Sum, unless otherwise directed in
writing by the Owner. If the Owner accepts the lower quality or quantity of Work or materials,
the Job Order Contractor shall remit to the Owner the difference in cost between the better
quality or greater quantity and such lower quality or lesser quantity. Such remittance shall be
in the form of a deductive Task Modification as identified in Article 7.1.4.
1.1.8 Organization of Specifications and Drawings Not to Control Division of Work. Organization of
the Specifications into divisions and sections, and arrangement of Drawings, shall not control
the Job Order Contractor in dividing the Work among Subcontractors or in establishing the
extent of Work to be performed by any trade.
1.1.9 Job Order Contractor Solely Responsible for Division of Work. The Job Order Contractor is
solely responsible for the division of the Work among Subcontractors. The Owner will not act
as arbiter as to which trade or Subcontractor is to furnish or install the various items indicated
or required to complete the Work. The Job Order Contractor shall make necessary
arrangements to reconcile any and all labor conflicts without delay, damage, or cost to the
Owner and without recourse to the Owner. Nothing in this section shall preclude the Owner
from specifying that Work be done by a specific contractor to comply with Owner’s internal
policies or requirements and/or special systems.
1.1.10 Technical and Industry Meanings. Unless otherwise stated in the Contract, words which have
well-known technical or construction industry meanings are used in the Contract in
accordance with such recognized meanings.
1.1.11 Current Standards. Where a reference in the Contract to an American Society for Testing and
Materials Standard (ASTM), American National Standards Institute Standard (ANSI), federal
specification, or other recognized standard does not include the date of the standard, the
edition current as of the date of the Contract Documents shall apply. No consideration will be
given to claimed ignorance as to what a cited standard contains, since the Job Order
Contractor and each Subcontractor is considered to be experienced and familiar with the
generally accepted, published standards of quality and workmanship for its own trade.
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Requirements of such referenced standards form a part of the Specifications to the extent
indicated by the references thereto.
1.2 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS
1.2.1 Minor Design Services May Be Required For Some Task Orders. For those Task Orders that
require design services the Contractor shall seek the services of an Arizona registered/licensed
professional to prepare plans for permitting.
1.2.2 All Drawings, Specifications, and copies thereof furnished by or to the Job Order Contractor
are and shall remain the property of the Owner. The Drawings and Specifications and the
design reflected therein shall be kept strictly confidential and shall not be disclosed or released
except as necessary for the performance of the Work. Neither the Job Order Contractor nor
any Subcontractor shall own or claim a copyright in the Drawings, Specifications, or other
documents. The Owner will retain all common law, statutory, and other reserved rights, in
addition to the copyright. The Drawings, Specifications, and other documents prepared by the
Job Order Contractor are for use solely with respect to this Project. They are not to be used by
the Job Order Contractor or any Subcontractor on other projects, or for additions to this
Project outside the scope of the Work, without the specific written consent of the Owner.
Submittal or distribution to meet official regulatory requirements or for other purposes in
connection with this Project is not to be construed as publication in derogation of the Owner's
copyright or other reserved rights.
ARTICLE 2 OWNER
2.1 INFORMATION AND SERVICES REQUIRED OF THE OWNER
2.1.1 Survey. The Owner shall furnish, for information purposes only, a copy of existing site
information and conditions.
2.1.2 Communication with Job Order Contractor. The Owner shall forward all communications
to the Job Order Contractor.
2.1.3 Aesthetic Decisions. The Owner's decisions on matters relating to aesthetic effect will be
final.
2.2 OWNER'S RIGHT TO STOP THE WORK
2.2.1 If the Job Order Contractor fails to perform or correct Work which is not in accordance
with the requirements of the Contract, or does not allow other contractors to timely
perform their work, the Owner may order the Job Order Contractor to stop the Work, or
any portion thereof, until the cause for such order has been eliminated; however, the
right of the Owner to stop the Work shall not give rise to a duty on the part of the
Owner to exercise this right for the benefit of the Job Order Contractor or any other
person or entity.
2.3 OWNER'S RIGHT TO CARRY OUT THE WORK
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2.3.1 The Owner shall have the right to contact the Job Order Contractor's Surety if the
Owner determines that the Job Order Contractor is not performing in accordance with
the Contract. If the Job Order Contractor defaults or neglects to carry out the Work in
accordance with the Contract, or fails to commence and continue correction of such
default or neglect with diligence or promptness, the Owner may, after forty eight (48)
hours written notice to the Job Order Contractor and its Surety, require the Surety to
promptly assume the obligations of the Contract. Should the Surety fail to assume the
obligations within five (5) days after receipt of the written notices then Owner, without
prejudice to any other remedy it may have, may correct such nonconforming Work. In
such case, an appropriate Change Order shall be issued deducting from the payments
then or thereafter due the Job Order Contractor or the Surety all costs of correcting
such nonconforming Work, including but not limited to, compensation for additional
services made necessary by such default, neglect, or failure. If the payments then or
thereafter due the Job Order Contractor or its Surety are not sufficient to cover such
amount, the Job Order Contractor or its Surety shall pay the difference to the Owner
within thirty (30) days after receipt of the Owner's invoice.
ARTICLE 3 JOB ORDER CONTRACTOR
3.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY JOB ORDER CONTRACTOR
3.1.1 Notice of Errors. The Job Order Contractor warrants that he has carefully reviewed the
Contract, and all documents pertaining to the Work, and that he is satisfied as to the
feasibility and correctness of the Contract to perform the Work within the Contract
Time. The Job Order Contractor shall immediately report to the Owner any errors,
inconsistencies, or omissions discovered in the Contract Documents prior to submitting
its Proposal. Any error, inconsistency, or omission which could have been discovered
prior to submitting its Proposal are waived unless reported in written form to the Owner
before submitting its Proposal. If the Job Order Contractor performs any construction
activity containing an error, inconsistency, or omission that the Job Order Contractor
recognized or should have recognized through the exercise of reasonable diligence,
without reporting such error, inconsistency, or omission to the Owner, the Job Order
Contractor shall assume responsibility for such performance and shall bear the costs for
correction.
3.1.2 Examination of Site. The Job Order Contractor warrants that he has visited and
examined the character of the Site and any existing structures and has satisfied himself
as to the nature of the Work and all matters which could in any way affect the Work.
The Job Order Contractor warrants that he has reviewed the geotechnical report, if any,
included in the Proposal Documents. The Job Order Contractor shall take field
measurements and verify field conditions and shall compare such field measurements
and conditions and other information known to the Job Order Contractor with the
Contract before commencing the Work. Errors, inconsistencies, or omissions discovered
shall be reported to the Owner prior to submitting its Proposal. Any error, inconsistency,
or omission which could have been discovered by the Job Order Contractor prior to
submitting its Proposal are waived unless reported in written form to the Owner before
submitting its Proposal. The accuracy of grades, elevations, dimensions, or locations on
work installed by other contractors is not guaranteed by the Owner. The Job Order
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Contractor shall verify the accuracy of all grades, elevations, dimensions, and locations
relating to the Work. In cases of interconnection of the Job Order Contractor's Work
with other work, it shall verify at the Site all dimensions relating to such other work. Any
error due to the Job Order Contractor's failure to verify the accuracy of such grades,
elevations, location, or dimensions shall be promptly rectified by the Job Order
Contractor without any additional cost to the Owner.
3.1.3 Job Order Contractor License. The Job Order Contractor warrants (1) that it is licensed
under the laws of the State of Arizona to perform the Work at the time of Proposal
submission, and (2) that it is familiar with and will comply with all applicable laws,
statutes, ordinances, building codes, rules and regulations, and lawful orders of public
authorities in performing the Work, including, but not limited to, environmental laws
and A.R.S. Title 34, as amended.
3.1.4 Contract Compliance with Law. If the Job Order Contractor observes that portions of the
Contract are at variance with applicable laws, statutes, ordinances, building codes, or
rules and regulations, the Job Order Contractor shall promptly notify the Owner in
writing, and necessary changes shall be accomplished by appropriate modification. If the
Job Order Contractor performs Work it knows or should know to be contrary to laws,
statutes, ordinances, building codes, or rules and regulations without such notice to the
Owner, the Job Order Contractor shall assume full responsibility for such Work and shall
bear all damages, losses, costs, and expenses attributable thereto.
3.1.5 Job Order Contractor Compliance with Contract. The Job Order Contractor shall perform
the Work in accordance with the Contract and in a first class and workmanlike manner.
In the event that the Job Order Contractor fails to do so, the Owner may withhold
payments to protect the Owner from loss, regardless of whether payment has
previously been made for the Work in question.
3.2 COST PROPOSALS AND SCHEDULE OF VALUES
3.2.1 The Job Order Contractor shall submit to and have accepted by the Owner, a schedule
detailing values allocated to various portions of the Work, prepared in such form and
supported by such data to substantiate its accuracy as the Owner may require (JOC Cost
Proposal and Schedule of Values, attached hereto as Exhibit E).
3.2.2 The following costs are not eligible for reimbursement pursuant to this contract and
shall not be included in any JOC cost proposal, unless otherwise authorized by the
Owner in writing in advance:
3.2.2.1 Cellular telephones
3.2.2.2 Work vehicles
3.2.2.3 Mileage
3.2.2.4 Team building exercises
3.2.2.5 Safety rewards
3.2.2.6 Meals/entertainment
3.2.2.7 Travel expenses
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3.2.3 Utilization of the JOC Cost Proposal and Schedule of Values, Exhibit E, is required for all
submissions.
3.2.4 For each CSI division on the JOC Cost Proposal and Schedule of Values, the following
scale shall be used when receiving subcontractor quotes for work:
$0 - $18,000 1 Subcontractor Quote Required
$18,001 - $50,000 2 Subcontractor Quotes Required
$50,001 - $999,999 3 Subcontractor Quotes Required
3.2.5 For self-performed work over $18,001, one additional subcontractor quote will be
required. For self-performed work over $50,001, two additional subcontractor quotes
will be required.
3.2.6 The Task Order consists of both the Notice to Proceed and the Purchase Order. No work
is to begin on any Project unless both documents are issued.
3.3 SUPERVISION AND CONSTRUCTION PROCEDURES
3.3.1 Job Order Contractor to Supervise Work. The Job Order Contractor shall supervise and
direct the Work using the Job Order Contractor's best skill and attention. The Job Order
Contractor shall be solely responsible for and have control over construction means,
methods, techniques, sequences, safety, and procedures associated with its Work and
for coordinating all portions of the Work under this Contract.
3.3.2 Acts and Omissions. The Job Order Contractor shall be responsible to the Owner for acts
and omissions of the Job Order Contractor's employees, Subcontractors and their agents
and employees, and other persons performing portions of the Work under a contract
with the Job Order Contractor.
3.3.3 Duty to Perform. The Job Order Contractor shall not be relieved of obligations to
perform the Work in accordance with the Contract either by activities or duties of the
Owner in their administration of the Contract, or by tests, inspections, or approvals
required or performed by persons other than the Job Order Contractor.
3.3.4 Duty to Inspect. The Job Order Contractor shall inspect portions of the Project related to
the Job Order Contractor's Work in order to determine that such portions are in proper
condition to receive subsequent Work.
3.3.5 Limitation on Liability. Job Order Contractor acknowledges that neither the Owner nor
any of their respective agents, employees, successors, or assigns shall control the day-
to-day operations of the Job Order Contractor and shall not determine construction
means, methods, techniques or procedures, or safety precautions and programs in
connection with the Work. Job Order Contractor agrees that neither the Owner nor any
of their respective agents, employees, successors, or assigns shall be responsible for the
failure of the Job Order Contractor to perform the Work in accordance with the Contract
or with the laws, ordinances, rules, permit conditions, regulations, or lawful orders of
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any governmental agency having regulatory authority over the manner, methods, or
means of performance of the Work.
3.3.6 Site Protection. The Job Order Contractor shall be responsible for all protection needed
during construction.
3.4 LABOR AND MATERIALS
3.4.1 Job Order Contractor to Provide. The Job Order Contractor shall provide and pay for
labor, materials, equipment, tools, construction equipment and machinery, water, heat,
utilities, transportation, storage, and other facilities and services necessary for proper
execution and completion of the Work, whether temporary or permanent and whether
or not incorporated or to be incorporated in the Work.
The JOC Contractor shall furnish any and all labor, materials, equipment, transportation,
utilities, services and facilities specified in the Task Order for which it is issued a Task
Order Notice to Proceed in accordance with this Agreement. The County may
determine it is in its best interest to furnish materials and equipment for a specific Task
Order in accordance with the Task Order.
3.3.2 Skilled Labor. The Job Order Contractor shall enforce strict discipline and good order
among the Job Order Contractor's employees and other persons carrying out the
Contract. The Job Order Contractor shall not permit employment of unfit persons or
persons not skilled in tasks assigned to them. At the sole discretion and opinion of the
Owner, the Job Order Contractor agrees to remove from the site any employee,
including the Project Manager or Superintendent, of the Job Order Contractor,
Subcontractor, or other person performing under the scope of Work, upon notification
by the Owner that any employee does not meet the requirements of this paragraph.
3.3.3 Standard of Quality. Wherever materials, products, articles, equipment, systems, or
similar items are identified by reference to proprietary terms or by a similar reference, it
is intended to establish the minimum standard or measure of quality that has been
determined as requisite or intended for the Work.
3.3.4 Trade Names or Equals. The Job Order Contractor shall supply materials, processes, or
equipment specified, or a prior approved equal. Whenever any particular material,
process, or equipment is indicated by patent, proprietary or brand name, or by name of
manufacturer, such wording is used for the purpose of facilitating its description and
shall be deemed to be followed by the words “or prior approved equal”; unless such
material, process, or equipment is specifically indicated as “proprietary”. A listing of
materials or equipment is not intended to be comprehensive, or in any order of
preference.
3.5 SUBSTITUTION OF PRODUCTS
3.5.1 Requests for Substitutions. After the Contract has been executed, the Owner may
consider, but shall have no obligation to consider, a formal request for the substitution
of products in place of those specified under the conditions set forth herein and those
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set forth herein. The decision in the first instance on acceptance or rejection of
proposed alternate, substitute or similar materials, products, equipment, or systems
shall be vested with the Owner, whose decision shall be final and binding.
3.5.2 Conditions for Substitutions. By making requests for substitutions, the Job Order
Contractor (1) represents that the Job Order Contractor has personally investigated the
proposed substitute product and determined that it is equal or superior in all respects to
that specified, (2) represents that the Job Order Contractor will provide the same
warranty for the substitution that the Job Order Contractor would for that specified, (3)
certifies that the cost data presented is complete and includes all related costs under
the Contract, and waives all claims for additional costs related to the substitution which
subsequently become apparent, and (4) will coordinate the installation of the accepted
substitute, making such changes as may be required for the Work to be complete in all
respects.
3.5.3 Criteria for Acceptance or Rejection of Substitutes. Acceptance or rejection of proposed
alternate, substitute, or similar materials, products, equipment, or systems for use may
be based on the construction, design, function, type, size, capacity, performance,
strength, durability, finish, aesthetic quality, schedule constraints, redesign costs, the
Owner's standard for repair, replacement, and maintenance, or other characteristics or
criteria approved by the Owner.
3.5.4 Expense for Modification. Any modification to the Contract or Work necessary as a
result of the use of an approved alternate or substitute shall be paid by the Job Order
Contractor proposing the substitution.
3.5.5 Rejection of Substitute. If any alternate or substitute is not approved, the Job Order
Contractor shall use the specified material, product, equipment, or system without
adjustment to the Contract Sum or Contract Time.
3.6 WORK HOURS
3.6.1 Unless otherwise provided in the Task Order, Work shall be performed during regular
working hours.
3.6.1.1 Notwithstanding the foregoing, in the event of emergency or when required to
complete, the Work may be performed on night shifts, overtime, weekends, or
holidays, provided that permission to do so has been obtained from the Owner
and confirmed in writing by the Owner twenty-four (24) hours prior to the
commencement of such Work.
3.6.1.2 The Job Order Contractor will not be entitled to additional compensation for Work
performed outside of regular working hours, except to the extent such
compensation is approved by the Owner in advance.
3.6.1.3 If so approved, such compensation shall in such event cover only the direct cost of
the premium portion of the time involved and not overhead and profit. In no
event will Job Order Contractor be entitled to additional compensation for Work
performed outside regular hours where occasioned by delays, need for repairs, or
other causes attributable to Job Order Contractor or its Subcontractors, or to
concurrent delay.
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3.6.1.4 Notwithstanding the foregoing and unless overtime has been requested by the
Owner, the Job Order Contractor shall bear all costs of standby contractors, if any.
In the event the Job Order Contractor performs any of the Work on night shifts,
overtime, weekends, or holidays, the Job Order Contractor shall comply with all
laws, ordinances, codes, rules, and regulations applicable thereto (including,
without limitation, those relating to noise).
3.7 WARRANTY
3.7.1 Free from Defects. The Job Order Contractor warrants to the Owner that (1) materials
and equipment furnished under this Contract will be of first quality and new, and free
from asbestos-containing material(s), (2) the Work will be free from defects, and (3) the
Work will conform with the requirements of the Task Order and all state and local codes
and ordinances. Work not conforming to these requirements, including substitutions
not properly approved and authorized, shall be considered defective. This warranty is in
addition to and not limited by the provisions of Article 12.2.
3.7.2 Warranty Period. The Job Order Contractor warrants to the Owner that the Work will
be fully usable by the Owner for its intended purpose for a period of not less than two
(2) years after Final Completion of the Work in the specific Task Order.
3.7.3 Assignment of Warranties. The Job Order Contractor shall assign to the Owner, before
Substantial Completion is due, all manufacturer's warranties relating to equipment,
materials, and labor used in the Work.
3.8 TAXES
3.7.1 The Task Order Sum includes, and the Job Order Contractor shall pay, any and all sales,
consumer, use, transaction privilege, and similar taxes on all monies owed for the Work
or portions thereof provided by the Job Order Contractor.
3.9 PERMITS AND FEES
3.9.1 Permits and Fees. The Owner shall secure and pay for the building permits, plan check
fees, and development fees required from both Maricopa County and the authority
having jurisdiction. The Job Order Contractor shall secure and pay for all other permits
and governmental fees, licenses, and inspections necessary for proper execution and
completion of the Work. Job Order Contractor is required to comply with all Job Order
Contractor-secured permit requirements at no additional cost to Owner.
3.9.2 Permit Set Copies. Owner is required to provide Job Order Contractor with one full size
copy of all permit sets acquired by Owner from any issuing entity, within five (5)
business days from acquisition.
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3.10 JOB ORDER CONTRACTOR KEY PERSONNEL
3.10.1 On Site. The Job Order Contractor shall employ competent key staff as indicated in other
Articles who shall be in attendance at the Site during performance of the Work. The
competent project representative shall represent the Job Order Contractor, and
communications given to the competent project representative shall be as binding as if
given to the Job Order Contractor. Important communications shall be confirmed in
writing by the Job Order Contractor.
3.10.2 Satisfactory to Owner. The Job Order Contractor’s competent project representative
and staff must be satisfactory to the Owner. The Job Order Contractor, three (3) days
prior to the Preconstruction Conference, shall submit to the Owner the names and
resumes of the competent project representative and key staff as indicated in other
Articles which Job Order Contractor proposes to use for the Work. The competent
project representative and key members of the Job Order Contractor's staff shall not
change without the prior consent of the Owner. However, the Job Order Contractor
agrees to change any competent project representative or member of the Job Order
Contractor's staff at the request of the Owner, if in the opinion of the Owner, such
person's performance is unsatisfactory.
3.9.3 Job Order Contractors Required to Attend Meetings. The Owner will call for meetings of
the Job Order Contractor and Subcontractors as it deems necessary. Such meetings shall
be held at or near the Site, on regular working days during regular working hours, unless
otherwise directed by the Owner. Attendance shall be mandatory for all parties notified
to attend, and the Job Order Contractor and Subcontractors so notified are required to
have a responsible member of their organizations with full decision making authority in
attendance.
3.11 JOB ORDER CONTRACTOR'S SCHEDULES
3.11.1 Job Order Contractor Construction Schedule. The Job Order Contractor shall submit to
the Owner the Construction Schedule for the Work ("Job Order Contractor Construction
Schedule"). Such Schedule (1) shall not exceed time limits as identified in the Task
Order, (2) shall be updated and submitted as often as directed and in a format
acceptable to the Owner, and (3) shall provide for expeditious and practicable execution
of the Work. Pursuant to (1) above, Job Order Contractor shall make no claim for delay
against the Owner for any Owner-caused delay within the Task Order Time.
3.11.2 Updated Schedules. The updated Job Order Contractor Construction Schedule shall not
exceed time limits current under the Contract and shall be in accordance with and fully
coordinated with all information previously supplied to the Job Order Contractor.
Updated schedules shall be submitted as requested.
3.11.3 Scheduling Cooperation. The Job Order Contractor shall cooperate with the Owner in
providing information and clarification as required to understand the Schedule and
performance of the Job Order Contractor's Work to avoid conflict, delay in, or
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interference with the work of other contractors or the construction or operations of the
Owner's own forces.
3.11.4 Conform to Most Recent Schedule. The Job Order Contractor shall conform to the most
recent Schedule.
3.11.5 Selection of Products. Job Order Contractor shall, at the time of submittal of the Job
Order Contractor Construction Schedule, advise the Owner of the date when the final
selection and purchase of each product or system described by an Allowance must be
completed to avoid delaying the Work.
3.11.6 Compliance with Schedules. The Job Order Contractor shall be responsible for all costs
resulting from its lack of diligence or failure to provide needed labor or materials to
meet the requirements of the Task Order. Owner may withhold payments to Job Order
Contractor if requested to do so by Job Order Contractor's Surety, or if otherwise
necessary to protect the Owner from delay or expense occasioned by the Job Order
Contractor's failure to perform under the Contract.
3.12 DOCUMENTS AND SAMPLES AT THE SITE
3.12.1 Job Order Contractor to Maintain. The Job Order Contractor shall maintain at the Site
for the use of the Owner, one copy of all Drawings, Specifications, Bulletins, Addenda,
Change Orders, Field Orders, reviewed Shop Drawings, Architect/Engineer’s
Supplementary Instructions, Requests for Information/Interpretation, and other
Contract-related documents and their modifications, if any, in good order and marked
promptly by the Job Order Contractor to record all approved changes made during
construction. The Job Order Contractor shall also maintain all available catalog data,
price lists, manufacturer’s operating and maintenance instructions, schematics,
certificates, warranties, guarantees, and other documents as noted in the Construction
Documents.
3.12.2 Record Documents. The Job Order Contractor shall provide the Owner with Record
Documents before Substantial Completion. The Job Order Contractor shall stamp and
sign a certification statement on each Drawing and page thereof that the Record
Documents, as submitted, are true and complete. Any changes after Substantial
Completion shall be provided prior to Final Payment. Record Documents shall be
updated daily and shall include approved changes and any field changes made by the
Job Order Contractor. Accurate, updated Record Documents shall be a condition of
approval of monthly and final Application for Payment.
3.12.3 Preparation of Manuals. Before Substantial Completion, the Job Order Contractor shall
furnish to the Owner one (1) sets of hard copy manuals and two (2) sets of electronic
copy manuals in searchable and indexed PDF format on Recorded Compact (CD) disks
containing the manufacturers' instructions for maintenance and operation of each item
of equipment and apparatus furnished under the Contract and any additional data
requested under the Specifications for each division of the Work. The manuals shall be
indexed and bound or labeled in a manner acceptable to Owner.
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3.13 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
3.13.1 Not Part of Contract. Shop drawings, product data, samples, and similar submittals are
not part of the Contract. The purpose of their submittal is to demonstrate for those
portions of the Work for which submittals are required the way the Job Order
Contractor proposes to conform to the information given and the design concept
expressed in the Contract.
3.13.2 Prompt Submittal. The Job Order Contractor shall submit shop drawings, product data,
samples, and similar submittals required by the Contract with such promptness as to
cause no delay in the Job Order Contractor's own Work or in that of any other
contractor. The Job Order Contractor shall cooperate with the Owner in the
coordination of the Job Order Contractor's shop drawings, product data, samples and
similar submittals with related documents submitted by other contractors. Submittals
made by the Job Order Contractor which are not required by the Contract may be
returned without action.
3.13.3 Review Required. The Job Order Contractor shall perform no portion of the Work
requiring submittal and review of shop drawings, product data, samples, or similar
submittals until the submittal has been reviewed by the Owner. Such Work shall be
performed in accordance with reviewed submittals.
3.13.4 Representations Made by Submittals. By approving and submitting shop drawings,
product data, samples, and similar submittals, the Job Order Contractor represents that
the Job Order Contractor has determined and verified materials, field measurements,
and field construction criteria related thereto, or will do so, and has checked and
coordinated the information contained within such submittals with the requirements of
the Work and of the Contract.
3.13.5 Effect of Review. The Job Order Contractor shall not be relieved of responsibility for
deviations from requirements of the Contract by the Owner’s review of shop drawings,
product data, samples, or similar submittals unless the Job Order Contractor has
specifically informed Owner in writing of such deviation at the time of submittal and the
Owner have given written approval to the specific deviation. The Job Order Contractor
shall not be relieved of responsibility for errors or omissions in shop drawings, product
data, samples, or similar submittals by the Owner’s review thereof.
3.13.6 Revisions to Submittals. The Job Order Contractor shall direct specific attention, in
writing or on resubmitted shop drawings, product data, samples, or similar submittals,
to revisions other than those requested by the Owner on previous submittals.
3.13.7 Informational Submittals. Informational submittals upon which the Owner are not
expected to take responsive action shall be so identified in the submittals.
3.13.8 Professional Certification. When professional certification of performance criteria of
materials, systems, or equipment is required by the Task Order, the Owner shall be
entitled to rely upon the accuracy and completeness of such calculations and
certifications.
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.
3.14 USE OF SITE
3.14.1 Limits on Use. The Job Order Contractor shall confine operations at the Site to areas
permitted by law, ordinances, permits, and the Owner, and shall not unreasonably
encumber the Site with materials or equipment. Only materials and equipment which
are to be used directly in the Work shall be brought to the Site. After equipment is no
longer required for the Work, it shall be promptly removed from the Site. See Article
3.2 for requirements governing concurrent Site use.
3.14.2 Owner Approval. The Job Order Contractor shall coordinate the Job Order Contractor's
operations with, and secure the approval of, the Owner before using any portion of the
Site.
3.14.3 Display of Signs. The Job Order Contractor shall not display on or about the Site any sign,
trademark, or other advertisement without the consent of the Owner.
3.14.4 Equipment Location. The Job Order Contractor's field offices, shanties, materials,
storage rooms, hoists elevators, etc., if any, will be placed in locations approved by the
Owner. When it becomes necessary, due to the progress of the Project, for the Job
Order Contractor to relocate the Job Order Contractor's field operations; such relocation
will be approved by the Owner and be accomplished in an expeditious manner with no
increase in the Contract Sum.
3.14.5 Security. The Job Order Contractor’s use of the Site is governed by Task Order
requirements, if included in the Task Order.
3.15 CUTTING AND PATCHING
3.15.1 Job Order Contractor Responsible. The Job Order Contractor shall be responsible for
cutting, fitting, or patching required to complete the Work or to make its parts fit
together properly with other work.
3.15.2 Consent Required. The Job Order Contractor shall not damage or endanger work
performed by the Owner or other contractors by cutting, patching, excavating, or
otherwise altering such construction. The Job Order Contractor shall not cut or
otherwise alter work performed by the Owner or other contractors except with written
consent of the Owner, and such other contractors; such consent shall not be
unreasonably withheld. The Job Order Contractor shall not unreasonably withhold from
the other contractors or the Owner the Job Order Contractor's consent to cutting or
otherwise altering the Work.
3.16 CLEAN UP
3.16.1 Daily Clean Up. The Job Order Contractor shall, on a daily basis, clean up after its
operation by removing rubbish, including old and surplus materials. The Job Order
Contractor shall use its best efforts to prevent dust. All waste materials, rubbish, and
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debris resulting from Job Order Contractor's Work shall be removed regularly from the
Site, minimum once a week, and disposed in accordance with federal, state, and local
laws. The Job Order Contractor shall not allow or permit the accumulation of waste,
materials, or equipment that may impede or interfere with the safe production of work
or with safe access or egress to the work areas, or impede in any way the ongoing
Owner operations. Under no circumstance will the Job Order Contractor utilize a
disposal container under the control of another contractor or the Owner. The Job Order
Contractor shall at all times arrange for the disposal of their own waste in their own
container(s).
3.16.2 Final Clean Up. At the completion of the Work, the Job Order Contractor shall remove all
its waste materials and rubbish from and about the Site as well as all its tools,
construction equipment, machinery, and surplus materials. The Job Order Contractor
shall professionally wash and clean all surfaces and leave the Work neat and clean,
ready for occupancy by the Owner, unless higher cleaning standards are required
elsewhere in the Contract. The Job Order Contractor shall be responsible for the overall
cleanliness and neatness of the Work.
3.16.3 Failure to Clean Up. If the Job Order Contractor fails to perform regular daily cleanup or
to clean up at the completion of the Work as specified, the Owner may do so or cause
such Work to be performed, with the cost paid for by the Job Order Contractor. The
Owner shall have the right to retain such costs from payments due Job Order Contractor
and reduce the Contract Sum by Change Order.
3.16.4 Clean Up Disputes. If a dispute arises between the Job Order Contractor and other
contractors not a party to this Contract as to their responsibility for cleaning up as
required by this Article 3.15, or elsewhere in the Contract, the Owner may clean up and
equitably charge the cost thereof to the several contractors. The Owner shall have the
right to retain such costs from payments due Job Order Contractor and reduce the
Contract Sum by Change Order.
3.17 ACCESS TO WORK
3.17.1 The Job Order Contractor shall provide the Owner access to the Work in preparation
and progress wherever located. The Job Order Contractor shall provide facilities for such
access so that the Owner may perform their functions under the Contract and the Task
Order.
3.18 ROYALTIES AND PATENTS
3.18.1 Job Order Contractor Responsibility. The Job Order Contractor shall pay all royalties and
license fees applicable to the Job Order Contractor's Work. The Job Order Contractor
shall indemnify, defend, and hold harmless the Indemnitees from any and all suits,
demands, or claims for infringement of any patent rights unless a particular design,
process, or product is specified in the Contract. If such specification is made and the Job
Order Contractor has reason to believe it is an infringement of a patent, the Job Order
Contractor shall be responsible for any loss arising therefrom unless the Job Order
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Contractor promptly notifies the Owner prior to performing any portion of the Work
involving the patented item.
3.18.2 Effect of Review by Owner. The review by the Owner of any method of construction,
invention, appliance, process, article, device, or material of any kind shall not constitute
an approval thereof for use by the Job Order Contractor in violation of any patent or
other rights of any third party.
ARTICLE 4 ADMINISTRATION AND RESOLUTION OF DISPUTES
4.1 ADMINISTRATION OF THE CONTRACT
4.1.1 Concurrent Site Use. The Owner will provide for coordination of the activities of other
contractors and of the Owner's own forces with the Work of the Job Order Contractor,
who shall cooperate with them. The Owner will schedule and coordinate all contractors
with respect to their use of the Site. The Job Order Contractor shall participate with
other contractors and the Owner in reviewing their construction schedules when
directed to do so. The Job Order Contractor shall make any revisions to the Job Order
Contractor Construction Schedule deemed necessary by the Owner.
4.2 CLAIMS AND DISPUTES
4.2.1 Time Limits on Claims. Claims by the Job Order Contractor must be made within the
number of days specified herein after the occurrence of the event giving rise to such
Claim or after the Job Order Contractor should have recognized, in the exercise of due
diligence, the condition giving rise to such Claim. Claims must be made by written
notice. An additional Claim made after the initial Claim has been implemented by
Change Order will not be considered unless submitted in a timely manner.
4.2.2 Continuing Contract Performance. Pending final resolution of a Claim, including
Alternative Dispute Resolution as provided for in Exhibit B of this document, the Job
Order Contractor shall proceed diligently with performance of the Contract and the
Owner shall continue to make payments in accordance with the Contract other than
amounts in dispute.
4.2.3 Claims for Concealed or Unknown Conditions. If conditions are encountered at the Site
which are (1) subsurface or otherwise concealed physical conditions which differ
materially from those indicated in the Contract, (2) unknown physical conditions of an
unusual nature, which differ materially from those ordinarily found to exist and
generally recognized as inherent at the Site, and (3) could not have been discovered by a
thorough inspection and investigation of the Site by the Job Order Contractor, the Job
Order Contractor shall give written notice within twenty-four (24) hours of such to the
Owner. The Owner will promptly investigate such conditions and, if they differ
materially and cause an increase or decrease in the Job Order Contractor's cost of, or
time required for, performance of any part of the Work, may recommend to the Owner
an equitable adjustment in the Task Order Sum or Task Order Time, or both. If the
Owner, in consultation with the Owner determine that the conditions at the Site are not
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materially different from those indicated in the Task Order and that no change in the
terms of the Task Order is justified, the Owner shall so notify the Job Order Contractor
in writing, stating the reasons. Claims by the Job Order Contractor in opposition to such
determination must be made within three (3) days after the Owner has given notice of
the decision.
4.2.4 Claims for Additional Cost.
4.2.4.1 Notice Prior to Execution of Work. If the Job Order Contractor wishes to make Claim
for an increase in the Contract Sum, written notice as provided in Article 4.2.4.2
shall be given before proceeding to execute the Work. Prior notice is not required
for Claims relating to an emergency endangering life or property arising under
Article 10.3. If the Job Order Contractor believes additional cost is involved for
reasons including, but not limited to, (1) a written interpretation from the Owner,
(2) an order by the Owner to stop the Work where the Job Order Contractor was
not at fault, (3) a written order for a minor change in the Work, (4) failure of
payment by the Owner, (5) termination of the Contract by the Owner, (6) Owner's
suspension, or (7) other reasonable grounds, Claim shall be filed in accordance with
Article 4.2.4.2.
4.2.4.2 Five Days After Occurrence. If the Job Order Contractor wishes to make a Claim for
an increase in the Contract Sum, the Job Order Contractor shall give the Owner
written notice thereof within five (5) days after the occurrence of the event giving
rise to such Claim or within five (5) days after the Job Order Contractor should have
recognized, in the exercise of due diligence, the condition giving rise to such Claim.
The Job Order Contractor shall provide such notice and the Owner shall issue a Task
Modification and revised purchase order before permitting Job Order Contractor to
proceed to execute the Work. Claim with respect to an emergency shall be made
not later than three (3) days after occurrence of the emergency as to which the
Work was performed.
4.2.4.3 Waiver of Claim for Additional Cost. Failure to give notice of a Claim for an increase
in the Contract Sum in strict compliance with the requirements of this Article 4.2.4
shall constitute a waiver of such Claim.
4.2.4.4 Claims Against Owner’s Authorized Agent. If the Job Order Contractor wishes to
make a Claim or allegation based upon actions or omissions of the Owner’s
designated Authorized Agent in any way related to or touching on the activities,
events, losses, or expenses set forth in a Claim presented pursuant to this Article 4,
such Claim shall be set forth and reasonably described in the notice required by
Article 4.2.4.1. Failure to set forth and describe such Claim or allegation in such
notice shall constitute a waiver of such Claim against the Owner’s Authorized Agent.
Claim shall be made within fourteen (14) days after the occurrence of the event
giving rise to such Claim or within fourteen (14) days after the Job Order Contractor
should have recognized, in the exercise of due diligence, the condition giving rise to
such Claim.
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4.2.5 Claims for Additional Time.
4.2.5.1 Estimate of Cost and Delay. If the Job Order Contractor wishes to make a Claim for
an increase in the Contract Time, written notice as provided in Article 4.2.5.4 shall
be given. The Job Order Contractor's Claim shall include an estimate of cost, analysis
of Schedule and impact on critical path, and of probable effect of delay on progress
of the Work. In the case of a continuing delay only one Claim is necessary.
4.2.5.2 Adverse Weather. If adverse weather conditions are the basis for a Claim for
additional time, such Claim shall be documented by data substantiating that
weather conditions were abnormal for the period of time and could not have been
reasonably anticipated, and that weather conditions had an adverse effect on the
scheduled construction.
4.2.5.3 Critical Path. No extension of time shall be granted to the Job Order Contractor for a
delay caused by the Owner, any of the other contractors, or other causes beyond
the Job Order Contractor's control, unless the delay affects the critical path of the
Project, and then only to the extent that the delay affects the critical path. No
extension of time shall be granted to the Job Order Contractor to the extent that,
notwithstanding the existence of any such circumstance beyond the Job Order
Contractor's control, delay would have resulted in any event due to a concurrent
unexcused delay by the Job Order Contractor.
4.2.5.4 Notice of Claim for Additional Time. Should the Job Order Contractor contend that it
is entitled to an extension of time for completion of any portion or portions of the
Work, the Job Order Contractor shall, within five (5) days of the occurrence of the
cause of the delay, notify the Owner, in writing, of its Claim, setting forth (1) the
cause of the delay, (2) a description of the portion or portions of Work affected by
the delay, (3) the specific number of days of delay for which an extension of time is
requested, and (4) all details pertaining thereto. Within three (3) Business Days after
the expiration of any such delay, if such delay continues after the filing of the Claim
pursuant to the foregoing sentence, the Job Order Contractor shall deliver to the
Owner a subsequent written application for the specific number of days of
extension of time requested.
4.2.5.5 Waiver of Claim for Additional Time. Failure to give notice of a Claim for extension
of time in strict compliance with the requirements of this Article 4.2.5 shall
constitute a waiver of such Claim.
4.2.6 Injury or Damage to Person or Property. If the Job Order Contractor suffers injury or damage
to person or property because of an act or omission of the Owner, written notice of such injury
or damage, whether or not insured, shall be given to the Owner within a reasonable time not
exceeding three (3) Business Days after first observance. The notice shall provide sufficient
detail to enable the Owner to investigate the matter. If a Claim for additional cost or time
related to this Claim is to be asserted, it shall be filed as provided in Article 4.2.4 or 4.2.5.
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4.2.7 Correspondence Issues. If the Job Order Contractor does not agree with a statement or
statements set forth in correspondence from the Owner, the Job Order Contractor must
submit a written statement within seven (7) days after receipt, setting forth the facts of the
issue. Otherwise, the statement will be deemed to have been accepted.
4.3 ALTERNATIVE DISPUTE RESOLUTION
4.3.1 Notwithstanding anything to the contrary provided elsewhere in the Contract, the Alternative
Dispute Resolution ("ADR") process provided for in Exhibit B attached hereto and incorporated
herein by this reference shall be the exclusive means for resolution of claims or disputes
arising under this Contract.
ARTICLE 5 SUBCONTRACTORS
5.1 CONTRACTUAL RELATIONSHIP
5.1.1 Nothing contained in the Contract or any Task Order shall create any contractual
relationship between the Owner and any Subcontractor.
5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK
5.2.1 Division of Work. The Job Order Contractor shall, prior to execution of the Contract,
designate and distinguish in writing to the Owner those portions of the Work to be
performed by Subcontractors and the Job Order Contractor's own forces.
5.2.2 Proposed Subcontractors. The Job Order Contractor shall, prior to the start of the Work,
furnish in writing to the Owner, furnish in writing for review the names of person or
entities (including those who are to furnish materials or equipment) proposed for the
design, if any, and management portion of the Work.
5.3 SUBCONTRACTUAL RELATIONS
5.3.1 Subcontractors Subject to Contract. By an appropriate written Agreement, the Job
Order Contractor shall require each Subcontractor, to the extent of the Work to be
performed by the Subcontractor, to be bound to the Job Order Contractor by the terms
of the Contract, and to assume toward the Job Order Contractor all the obligations and
responsibilities which the Job Order Contractor assumes toward the Owner, except with
respect to the ADR provisions of this Contract. The Job Order Contractor shall require its
Subcontractors to enter into similar agreements with their Subcontractors and materials
providers, except with respect to the ADR provisions of this Contract. The Job Order
Contractor shall make available to each proposed Subcontractor, prior to the execution
of the subcontract, copies of this Contract to which the Subcontractor will be bound,
except with respect to the ADR provisions of this Contract. Each Subcontractor shall
similarly make copies of this Contract available to their Subcontractors and/or materials
providers.
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5.3.2 Terms to be Included in Subcontracts. All Work performed for the Job Order Contractor
by a Subcontractor shall be pursuant to a written agreement between the Job Order
Contractor and the Subcontractor. The Job Order Contractor will ensure that each such
subcontract contains provisions requiring:
5.3.2.1 that the Work be performed and guaranteed in accordance with the requirements
of this Contract;
5.3.2.2 submission to the Job Order Contractor of Applications for Payment under each
subcontract in the manner prescribed by the Owner, and reasonable time to enable
the Job Order Contractor to apply for payment in accordance with Article 9;
5.3.2.3 that the Subcontractor pay sub-subcontractors in accordance with A.R.S. § 34-221;
5.3.2.4 that the Subcontractor purchase and maintain insurance and comply with all
insurance provisions as required by Article 11. If any subcontractor is unable to
comply with this paragraph the Job Order Contractor shall request a waiver of this
requirement in writing, and shall provide justification for a waiver. If the Owner
grants the request it shall not constitute a waiver of the Owner’s right to strict
performance of this contract, including the insurance requirements for all other
subcontractors. Any insurance documents from any subcontractor or materials
provider shall contain the Owner’s project number and the name of the Job Order
Contractor in such a manner so as to be easily identifiable as belonging to a specific
Task Order. No waiver of a subcontractor’s insurance requirements will be effective
unless it is in writing;
5.3.2.5 that the Subcontractor consents to an assignment of the subcontract from the Job
Order Contractor to the Owner in the event of termination of the Job Order
Contractor by the Owner;
5.3.2.6 that the Subcontractor complies with all safety requirements.
5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACT
5.4.1 Each subcontract for a portion of the Work is hereby assigned by the Job Order
Contractor to the Owner provided that:
5.4.1.1 assignment is effective only after termination of the Task Order issued under this
Contract by the Owner for cause pursuant to Article 15.1 and only for those
subcontracts which the Owner accepts by notifying the Subcontractor in writing;
and
5.4.1.2 assignment is subject to the prior rights of the Surety, if any, obligated under the
bond required by the Contract.
5.4.2 The Job Order Contractor shall conform to the Job Order Contractor’s approved
Subcontractor Plan as submitted with their Statement of Qualifications. Maricopa
County requires that the subcontractor selection plan applies to all persons or firms
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selected to perform the construction services which requires the selection of
subcontractors to be based on qualifications alone or on a combination of qualifications
and price, but not based on price alone.
ARTICLE 6 CONSTRUCTION BY OWNER OR BY OTHER CONTRACTORS
6.1 OWNER'S RIGHT TO PERFORM CONSTRUCTION WITH OWN FORCES AND TO AWARD OTHER
CONTRACTS
6.1.1 The Owner reserves the right to perform construction or operations related to the
Project with the Owner's own forces, which include persons or entities under separate
contracts not administered by the Owner. The Owner further reserves the right to
award other contracts in connection with other portions of the Project or other
construction or operations on the Site.
6.2 MUTUAL RESPONSIBILITY
6.2.1 Coordination with Owner's Forces. The Job Order Contractor shall afford the Owner's
own forces, and other contractors reasonable opportunity for introduction and storage
of their materials and equipment and performance of their activities, and shall connect
and coordinate the Job Order Contractor's construction and operations with theirs as
required by the Contract.
6.2.2 Defects in Other Work. If part of the Job Order Contractor's Work depends upon
construction or operations by the Owner's own forces or other contractors, the Job
Order Contractor shall, prior to proceeding with that portion of the Work, promptly
report to the Owner apparent discrepancies or defects in such other construction that
would render it unsuitable for proper execution and results. Failure of the Job Order
Contractor to so report shall constitute an acknowledgment that the Owner's own
forces or other contractors' completed or partially completed construction is fit and
proper to receive the Job Order Contractor's Work, except as to defects not then
reasonably discoverable.
6.2.3 Damage to Other Work. The Job Order Contractor shall promptly remedy damage
caused by the Job Order Contractor to the completed or partially completed Project or
to the property of the Owner or other contractors.
ARTICLE 7 CHANGES IN THE WORK
7.1 CHANGES IN THE TASK ORDER
7.1.1 The Owner reserves the right to make, at any time during the progress of a Task Order,
such alterations as may be found necessary or desirable by the Owner.
7.1.1.1 Such alterations and changes shall not invalidate this Contract or the Task Order
Amendment nor release the surety and the Job Order Contractor agrees to perform
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the Task Order as altered, the same as if it has been a part of the original Task Order
Documents.
7.1.2 The Owner will request a proposal for a modification to a Task Order from the Job Order
Contractor, and an adjustment in the Task Order Price and/or Task Order Time shall be
made based on a mutually agreed upon cost and time.
7.1.3 The Job Order Contractor may proceed with the modified Work only by issuance of a
revised purchase order and a Notice to Proceed with the revised Work.
7.1.4 Task Order Sum. Adjustments to the Contract Sum shall be based on actual cost, which
is itemized for the purpose of preparing pricing for Task Orders and Task Modifications,
the Job Order Contractor shall submit to the Owner a complete itemization of all costs
required for the Task Order or Change in such form and detail as requested by the
Owner.
7.1.5 Actual Costs. Except for changes based on unit prices included in the Contract, cost
changes shall be computed by determining the actual cost enumerated in Article 7.1.2.
to which the combined overhead and profit may be added, and then adding the
insurance, bonds, and tax to compute the total cost.
7.1.6 Unit Prices. Unit prices, from a unit price book (i.e. R.S. Means, etc.), proposed on the
Proposal form and included in the Contract are not subject to further overhead and
profit adjustments. The Contract Sum will be adjusted by the direct extension of the
number of units and the unit prices.
ARTICLE 8 TIME
8.1 PROGRESS AND COMPLETION
8.1.1 Consent to Task Order Time. The Job Order Contractor acknowledges that the Task
Order Time is a reasonable period for performing the Work, and that it is capable of
properly completing the Work within the Task Order Time.
8.1.2 Compliance with Task Order Time. The Job Order Contractor shall carry the Work
forward expeditiously with adequate forces to maintain progress in accordance with the
Job Order Contractor Construction Schedule and to complete the Work within the Task
Order Time.
8.1.3 Notice Required Before Commencing Work. The Job Order Contractor shall give timely
notice before commencement of the Work, to all persons, public utility companies,
owners of property having structures or improvements in proximity to the Site,
superintendents, inspectors, or those otherwise in charge of property, streets, water
lines, gas lines, sewer lines, telephone cables, communication or data cables, electric
cables, railroads, or others who may be affected by Job Order Contractor's operations,
in order that they may remove any obstruction for which they are responsible, and have
representation on the Site to see that their property is properly protected in accordance
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with requirements of the Task Order. Such notice does not relieve the Job Order
Contractor of responsibility for any damages, claims, or defense of all actions against the
Owner resulting from performance of the Work.
8.1.4 Maintenance of Utilities. The Job Order Contractor shall (1) protect utilities encountered
whether indicated on Drawings or not; (2) exercise care in excavation around utilities;
(3) restore any damaged items to the same condition (or better) as existed prior to
starting the Work; and (4) maintain utilities or other services indicated to be abandoned
in service until new services are provided, tested, and ready for use. Note: In Owner
campuses, use of a private utility locator service is required, as Blue Stake has no record
of underground utilities in these areas.
8.2 DELAYS AND EXTENSIONS OF TIME
8.2.1 Notice of Delays. The Job Order Contractor shall provide prompt written notice to the
Owner of the occurrence of any delay, and in no event shall such notice be given later
than forty-eight (48) hours after commencement of the delay. The Job Order Contractor
agrees that adjustments in the Contract Time will be permitted for a delay only to the
extent such delay (1) is not caused or could not have been anticipated by the Job Order
Contractor, and (2) could not have been limited or avoided by the Job Order
Contractor's timely notice to its suppliers, Subcontractors, or Owner of the delay.
8.2.2 Claims for Additional Time. Claims relating to time shall be made in accordance with
Article 4.2.5.
8.2.3 Recovery of Damages Not Precluded. This Article 8.2 does not preclude recovery of
damages for delay by either party.
8.3 TIME OF ESSENCE
8.3.1 Time is of the essence with respect to the performance of each of the covenants,
conditions, and obligations contained in this Contract.
ARTICLE 9 PAYMENTS AND COMPLETION
9.1 SCHEDULE OF VALUES
9.1.1 The Schedule of Values, after acceptance by the Owner, shall be used as a basis for
reviewing the Job Order Contractor's Applications for Payment.
9.2 APPLICATIONS FOR PAYMENT
9.2.1 Defined. Job Order Contractor shall submit to the Owner an itemized application
requesting payment for Work completed, or reasonably projected to be completed by
the end of the month, in accordance with the Schedule of Values, substantiating the Job
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Order Contractor's right to payment as Owner may require, such as copies of
requisitions from Subcontractors ("Application for Payment").
9.2.2 Submission of Applications for Payment:
9.2.2.1 One original of the payment invoice is to be submitted by delivering a complete
invoice, with all substantiating documentation electronically to: FMD-
AccountsPayable@mail.maricopa.gov
9.2.3 All invoices must include the following information. Failure to include this information
may cause the invoice to be rejected and may result in delayed payment.
FMD Project Name
FMD Project Number
FMD Contract Number
County Purchase Order Number
Vendor Name
Maricopa County Vendor Number
Unique Invoice Number
9.2.4 COUNTY shall pay CONTRACTOR within fourteen (14) calendar days of receipt of
CONTRACTOR’s proper statement. To be deemed proper, all invoices must comply with
the requirements set forth in this Agreement and must be submitted on the form and
pursuant to instructions prescribed by PROJECT MANAGER. Payment may be withheld
for failure of CONTRACTOR to comply with a term, condition, or requirement of this
Agreement.
9.2.5 Notwithstanding any provision of this Agreement to the contrary, COUNTY may
withhold, in whole or in part, payment to the extent necessary to protect itself from loss
on account of inadequate or defective work which has not been remedied, or resolved
in a manner satisfactory to the PROJECT MANAGER, and/or due to CONTRACTOR’s
failure to comply with Section 3.2.1 herein. The amount withheld shall not be subject to
payment of interest by COUNTY.
9.2.6 Task Modification Payment. Applications for Payment may not include requests for
payment for changes in the Work that have not been properly authorized by Task
Modification.
9.2.7 Payment for Stored Materials. Unless otherwise provided in the Contract, payments
may, on a limited basis, be made for materials and equipment delivered and suitably
stored, either on or off the site, for subsequent incorporation in the Work. Approval for
payment of stored materials or equipment is at the sole discretion of the Owner. All off-
site materials and equipment shall be stored in a licensed and bonded warehouse. All
costs associated with inspection of off-site materials and equipment, exclusive of time,
shall be borne by Job Order Contractor, and Job Order Contractor shall be responsible
for all arrangements. Proof of physical receipt of materials and storage may be required
by the Owner and shall be supplied by the Job Order Contractor upon request.
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9.2.8 Lien Waivers. The Job Order Contractor warrants that title to all Work covered by an
Application for Payment will pass to the Owner no later than the time of payment. The
Job Order Contractor also warrants that upon submittal of an Application for Payment
all Work for which payments have been received from the Owner shall be free and clear
of liens, claims, security interests, or encumbrances in favor of the Job Order Contractor,
Subcontractors, or other persons or entities making a claim by reason of having
provided labor, materials, or equipment relating to the Work. All Applications for
Payment shall include lien waivers executed by the Job Order Contractor providing
labor, equipment, or materials for the Work in the form set forth in A.R.S. § 33-1008.
9.2.9 Small Business Enterprise. All Applications for Payment shall include the Small Business
Enterprise Reporting Form incorporated herein as Exhibit C.
9.2.10 Accounting. The Job Order Contractor shall keep full and detailed accounts and exercise
such control as may be necessary for proper financial management under this contract;
the accounting and control system shall be satisfactory to the Owner. The Job Order
Contractor shall provide access and cooperate fully in the review of all project records.
At a minimum, Job Order Contractor shall afford access to Owner, its accountants,
auditors, and any other designated agents, to the Job Order Contractor’s records books,
correspondence, instructions, drawings, payroll records, receipts, subcontracts, GMP’s,
proposals, purchase orders, vouchers, memoranda and other data relating to this
Project as required by the Owner. The Job Order Contractor shall preserve these
records for a period of three (3) years after final payment under this contract, or such
longer time as may be required by law.
9.3 RECOMMENDATION FOR PAYMENT
9.3.1 Timing for Recommendation. The Job Order Contractor's Application for Payment shall
be deemed approved and certified for payment within seven (7) days from the date of
submission to the Architect/Engineer (hereinafter “A/E”), if utilized, or Owner, unless
within seven (7) days from the date of submission, the A/E or Owner issues a written
finding to the Job Order Contractor specifying those items in the Application for
Payment that will not be approved for payment. The Owner may withhold an additional
amount from the progress payment sufficient to pay the expenses that the Owner
reasonably expects to incur in correcting the deficiency set forth in the written finding.
Undisputed portions of progress payments shall be paid within fourteen (14) days after
approval of the Application for Payment by the Owner. If utilized, the A/E shall
recommend payment to the Owner only upon their determination that the Work has
progressed to the point indicated in the Job Order Contractor's Application for Payment
and that to their knowledge, information, and belief, the quality of the Work is in
accordance with the Contract.
9.3.2 Recommendation Subject to Later Evaluation. The recommendation of the
Architect/Engineer, if utilized, and the decision of the Owner to make a payment is
subject to later evaluation of the Work for conformance with the Task Order upon
Substantial Completion, to results of subsequent tests and inspections, to minor
deviations from the Task Order correctable prior to completion, and to specific
qualifications expressed by the A/E or Owner. The issuance of a recommendation for
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payment will not be a representation that the A/E or Owner has (1) made exhaustive or
continuous on-site inspections to check the quality or quantity of the Work, (2)
reviewed the Job Order Contractor's construction means, methods, techniques,
sequences, or procedures, (3) reviewed copies of requisitions received from
Subcontractors and material suppliers and other data requested by the Owner to
substantiate the Job Order Contractor's right to payment, or (4) made examination to
ascertain how or for what purpose the Job Order Contractor has used money previously
paid.
9.4 DECISIONS TO WITHHOLD RECOMMENDATION
9.4.1 Criteria for Withholding Recommendation. The Owner may decide not to recommend
payment and may withhold a recommendation in whole or in part, to the extent
reasonably necessary to protect the Owner, if in the Owner's opinion the
representations to the Owner required in Article 9.3.1 cannot be made. If the Owner is
unable to recommend payment in the amount of the Application for Payment, the
Owner will notify the Job Order Contractor and Owner as provided in Article 9.3.1. If the
Job Order Contractor and Owner cannot agree on a revised amount, the Owner will
promptly issue a recommendation for the amount for which the Owner is able to make
such representations to the Owner. The Owner may also decide not to recommend
payment or, because of subsequently discovered evidence or subsequent observations,
may nullify the whole or a part of a recommendation previously issued, to such extent
as may be necessary in the Owner's opinion to protect the Owner from loss because of:
9.4.1.1 Defective Work not remedied;
9.4.1.2 Third party claims filed or reasonable evidence indicating probable filing of such
claims;
9.4.1.3 Failure of the Job Order Contractor to make payments properly to Subcontractors or
for labor, materials, or equipment;
9.4.1.4 Reasonable evidence that the Work cannot be completed for the unpaid balance of
the Contract Sum;
9.4.1.5 Damage to the Owner or another contractor or Job Order Contractor;
9.4.1.6 Reasonable evidence that the Work will not be completed within the Contract Time,
and that the unpaid balance would not be adequate to cover actual or liquidated
damages for the anticipated delay;
9.4.1.7 Persistent failure to carry out the Work in accordance with the Contract;
9.4.1.8 Unsatisfactory prosecution of the Work or failure to comply with the Contract
Schedule;
9.4.1.9 Failure to supply shop drawings or other required submittals;
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9.4.1.10 Erroneous estimates by the Job Order Contractor of the value of the Work
performed;
9.4.1.11 The existence of a breach by the Job Order Contractor of any provision in the
Contract;
9.4.1.12 Failure to execute an assignment of insurance related proceeds pursuant to Article
11.2.2.10;
9.4.1.13 Failure to provide or submit in a timely manner safety related documentation
required by the Contract or Owner.
9.4.1.14 Failure to provide manuals as required by Contract;
9.4.1.15 Failure to submit lien waivers as required by Article 9.2.6;
9.4.1.16 Failure to submit Schedule updates as set forth herein;
9.4.1.17 Failure to submit a Safety Plan per Article 10;
9.4.1.18 Failure to maintain and provide Record Documents as set forth herein.
9.4.2 Recommendation Made Upon Compliance. When the above reasons for withholding
recommendation are removed, recommendation will be made for amounts previously
withheld.
9.5 PAYMENTS TO SUBCONTRACTORS
9.5.1 Payment to Be Made Within Seven (7) Days. In accordance with A.R.S. § 34-221(E), the
Job Order Contractor shall pay each Subcontractor, within seven (7) days of receipt of
payment from the Owner, out of the amount paid to the Job Order Contractor on
account of such portion of the Work. The amount to which each Subcontractor is
entitled shall reflect payments to the Job Order Contractor on account of such
Subcontractor's portion of the Work. The Job Order Contractor shall, by appropriate
agreement with each Subcontractor, require each Subcontractor to make payments to
sub-subcontractors in the same manner.
9.5.2 No Obligation to Oversee Payments. The Owner shall have neither an obligation to pay
nor to see to the payment of money to a Subcontractor.
9.5.3 Payment Not Acceptance of Work. A payment recommendation, a progress payment, or
partial or entire use or occupancy of the Project by the Owner shall not constitute
acceptance of Work not in accordance with the Contract.
9.6 INTEREST
9.6.1 If any payment to the Job Order Contractor is delayed after the date due, the Owner
shall pay interest at the rate of one percent (1%) per month or fraction of a month on
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such unpaid balance as may be due, provided however, that such one percent (1%)
charge shall not apply to any disputed portion of an Application for Payment. If any
periodic or Final Payment to a Subcontractor is delayed by more than seven (7) days
after receipt of the periodic or Final Payment by the Job Order Contractor or
Subcontractor, the Job Order Contractor or Subcontractor shall pay interest to his
Subcontractor or material supplier, beginning on the eighth day, at the rate of one
percent (1%) per month or a fraction of a month on such unpaid balance as may be due.
9.7 FAILURE OF PAYMENT
9.7.1 If the Job Order Contractor, for any reason not the fault of the Job Order Contractor, is
not paid any undisputed amount within fourteen (14) days after the date payment is
due, the Job Order Contractor may, upon seven (7) additional days notice to the Owner,
stop the Work until payment of the amount owing has been received. Notwithstanding
the preceding, the Job Order Contractor shall not stop the Work during the pendency of
a dispute which has been submitted to Alternative Dispute Resolution pursuant to
Exhibit B, nor shall the Job Order Contractor stop the Work if the Owner makes payment
of any amounts not in dispute within seven (7) days after the Job Order Contractor's
notice of nonpayment is received by the Owner.
9.8 SUBSTANTIAL COMPLETION
9.8.1 Defined. Substantial Completion is the stage of completion of the Work or area of Work
when that portion of the Project or Work for which the Job Order Contractor is
responsible is fully usable by the Owner for its intended purpose, without inconvenience
to, or risk of harm to, the Owner or the public. The authority to determine whether the
Job Order Contractor has achieved Substantial Completion is determined by the Owner,
whose decision shall be final and binding.
9.8.2 Certificate of Substantial Completion. When the Job Order Contractor considers that the
Work, or a portion thereof which the Owner agrees to accept separately, is substantially
complete, the Job Order Contractor shall prepare and submit to the Owner a
comprehensive list of items to be completed or corrected. All Owner training, Record
Documents, Operation and Maintenance Manuals, warranties, guarantees, reports, and
information required for the Owner to operate the facility in accordance with Article
9.8.1 shall be provided in the quantities specified. The Job Order Contractor shall, in the
time frame indicated in the Contract Documents, complete and correct all items on the
list, unless a longer time is granted by the Owner in writing. Failure to include an item
on such list does not alter the responsibility of the Job Order Contractor to complete all
Work in accordance with the Contract. Upon receipt of the list, the A/E, if utilized,
assisted by the Owner, will make an inspection to determine whether the Work or
designated portion thereof is substantially complete. If the inspection discloses any
item, whether or not included on the list, which is not in accordance with the
requirements of the Contract, the Job Order Contractor shall, before issuance of the
Certificate of Substantial Completion, complete or correct such item upon notification
by the Owner. The Job Order Contractor shall then submit a request for another
inspection by the A/E, if utilized, assisted by the Owner, to determine Substantial
Completion. When the Work or designated portion thereof is substantially complete,
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the A/E, if utilized, will prepare a certificate which shall (1) establish the date of
Substantial Completion, (2) establish responsibilities of the Owner and Job Order
Contractor for security, maintenance, heat, utilities, and damage to the Work, and (3)
shall fix the time within which the Job Order Contractor shall finish all items on the list
accompanying the Certificate of Substantial Completion (Certificate). The Certificate
shall be submitted to the Owner and Job Order Contractor for their written acceptance
of responsibilities assigned to them in such Certificate.
9.9 FINAL COMPLETION AND FINAL PAYMENT
9.9.1 Final Inspection. Following the Owner’s issuance of a Certificate of Substantial
Completion of the Work and upon completion of the Work, the Job Order Contractor
shall forward to the Owner a written notice that the Work is ready for final inspection
and acceptance, and shall also forward to the Owner a final Application for Payment.
The Job Order Contractor’s submission of Final Completion Notice shall indicate that all
tiems listed in Substantial Completion have been completed. When the Owner finds the
Work acceptable under the Contract and the Task Order fully performed, the Owner will
promptly issue a final recommendation stating that to the best of their knowledge,
information, and belief, and on the basis of their observations and inspections, the Work
has been completed in accordance with the Task Order and that the remaining Task
Order Sum is due, including all retainage, less authorized deductions.
9.9.2 Conditions to Final Payment. Final Payment to the Job Order Contractor shall be made
within sixty (60) days after compliance by the Job Order Contractor with Article 9.9.1
and Article 9.9.2. Neither Final Payment nor any remaining retainage shall become due
until the Job Order Contractor submits to the Owner (1) an affidavit acknowledging that
all Subcontractors, payrolls, bills for materials and equipment, and other indebtedness
connected with the Work will be paid or otherwise satisfied once final payment is made,
(2) a certificate evidencing that insurance required by Article 11 is currently in effect and
will not be cancelled or allowed to expire until at least 30 days prior written notice has
been given to the Owner, (3) a written statement that the Job Order Contractor knows
of no reason that the insurance will not cover the period required by Article 11, (4) the
written consent of the Surety to Final Payment, (5) a full and final release and
conditional waiver of liens from the Job Order Contractor. The Job Order Contractor
shall also indemnify, defend, and hold harmless the Indemnitees against liens by any
Subcontractor (collectively “Final Payment”). Upon final payment each Task Order, the
Job Order Contractor shall provide an unconditional wavier.
9.9.3 Waiver of Claims. Acceptance of payment by the Job Order Contractor shall constitute a
waiver of claims by that payee, except those previously made in writing and identified
by that payee as unsettled at the time of final Application for Payment.
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ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY
10.1 SAFETY PRECAUTIONS AND PROGRAM
10.1.1 Job Order Contractor's Responsibility. The Job Order Contractor shall be responsible for
initiating, maintaining, and supervising all safety precautions and programs in
connection with the Work. The Job Order Contractor shall have a written Safety
Program for the Work and shall submit two (2) copies of such Safety Program to the
Owner. If the Task Order includes work not contained within the submitted safety
program, the Job Order Contractor shall submit the necessary site specific safety
precautions and incorporated into the Work.
10.1.2 Remedy for Failure to Maintain Safety. If the Job Order Contractor fails to maintain the
safety precautions required by law or by the Contract, the Owner may take action as
necessary and charge the Job Order Contractor therefore. However, the failure of the
Owner to take any such action shall not relieve the Job Order Contractor of its
obligations set forth in Article 10.1.1. If the Job Order Contractor fails to maintain the
safety precautions required by law or by the Owner, the Job Order Contractor shall, if
directed by the Owner, remove all forces from the Project without cost or loss to the
Owner until the Job Order Contractor complies with such safety precautions. The Job
Order Contractor shall not be granted additional time for completion of the Work if the
Work is stopped by the Owner due to hazards or non-compliance with these provisions.
10.1.3 Environmental Hazards. In the event the Job Order Contractor encounters on the Site
material reasonably believed to contain asbestos, polychlorinated biphenyls (PCBs),
petroleum based substances, or hazardous substances (as defined or regulated under
any federal, state, or local law), the Job Order Contractor shall (1) immediately stop
Work in the area affected and report the condition to the Owner by the fastest available
means and follow up in writing; and (2) take reasonable precautions to prevent or
contain the movement, spread, or disturbance of such materials. The Work in the
affected area shall not thereafter be resumed except by written consent of the Owner.
In no event shall the Owner have any responsibility for any substance or material that is
brought to the Site by the Job Order Contractor, any Subcontractor, any material man or
supplier, or any entity for whom any of them is responsible. The Job Order Contractor
agrees not to use any fill or other materials to be incorporated into the Work which are
hazardous, toxic, or comprised of any items that are hazardous or toxic. Job Order
Contractor shall indemnify, defend, and hold harmless the Indemnitees from and
against any and all liabilities, claims, or demands (including attorney's fees and costs)
arising out of or resulting from the presence, uncovering, release of suspected or
confirmed asbestos, polychlorinated biphenyls (PCBs), petroleum based substances, or
hazardous substances to the extent caused by the negligence of, or failure to comply
with, the terms and conditions of the Contract by the Job Order Contractor, any
Subcontractor, any material man or supplier, or any entity for whom any of them is
responsible. Job Order Contractor may request from the Owner any environmental
reports which were completed by Owner’s environmental consultant(s) for this Project.
10.1.4 Duty to Stop Work. If reasonable precautions will be inadequate to prevent foreseeable
bodily injury or death to persons resulting from a material or substance encountered on
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the Site by the Job Order Contractor, the Job Order Contractor shall, upon recognizing
the condition, immediately stop Work in the affected area and report the condition to
the Owner in writing.
10.2 PROTECTION OF PERSONS AND PROPERTY
10.2.1 Job Order Contractor's Duty to Protect. The Job Order Contractor shall take reasonable
precautions for safety of, and shall provide reasonable protection to prevent damage,
injury, or loss to:
10.2.1.1 Employees on the Work and other persons who may be affected thereby;
10.2.1.2 The Work and materials and equipment to be incorporated therein, whether in
storage on or off the Site, under care, custody, or control of the Job Order
Contractor or the Job Order Contractor's Subcontractors;
10.2.1.3 Other property at the Site or adjacent thereto, such as trees, shrubs, lawns, walks,
pavements, roadways, structures, and utilities not designated for removal,
relocation, or replacement in the course of construction; and
10.2.1.4 Construction or operations by the Owner or other contractors.
10.2.2 Compliance with Safety Notices and Laws. The Job Order Contractor shall comply with
applicable laws, ordinances, rules, regulations, and lawful orders of public authorities
bearing on safety of persons or property or their protection from damage, injury, or
loss.
10.2.3 Safety Precautions. The Job Order Contractor shall erect and maintain, as required by
existing conditions and performance of the Contract, reasonable safeguards for safety
and protection, including posting danger signs and other warnings against hazards,
promulgating safety regulations, and notifying owners and users of adjacent sites and
utilities. The Job Order Contractor shall also be responsible, at the Job Order
Contractor's sole cost and expense, for all measures necessary to protect any property
adjacent to the Site and improvements thereon. Any damage to such property or
improvements shall be promptly repaired by the Job Order Contractor. Without limiting
the indemnity provisions elsewhere in the Contract, the Job Order Contractor shall
indemnify, defend, and hold harmless the Indemnitees from and against any and all
liabilities, claims, or demands (including attorney's fees and costs) arising out of, or
resulting from, damage to such property or improvements.
10.2.4 Use of Explosives or Hazardous Materials. When use or storage of explosives, or other
hazardous materials or equipment, or unusual methods is necessary for execution of the
Work, the Job Order Contractor shall exercise utmost care and carry on such activities
under supervision of properly qualified personnel. When use or storage of explosives,
other hazardous materials or equipment, or unusual methods are necessary, the Job
Order Contractor shall secure the Owner’s approval prior to their storage or use.
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10.2.5 Job Order Contractor Liability. The Job Order Contractor shall promptly remedy damage
and loss to any property caused in whole or in part by the Job Order Contractor or
Subcontractor, or by anyone for whose acts they may be liable.
10.2.6 Competent Person. The Job Order Contractor shall designate a competent person or
member of the Job Order Contractor's organization at the Site whose duty shall be the
prevention of accidents and administration of the Job Order Contractor’s written Safety
Program
10.2.7 Accident Reports. The Job Order Contractor shall report in writing within one (1)
working day of the Job Order Contractor’s knowledge, to the Owner, all accidents arising
out of or in connection with the Work which cause death, personal injury, or property
damage, giving full details and statements of any witnesses. In addition, if death or
serious personal injuries or serious damages are caused, the accident shall be reported
immediately by telephone or messenger to the Owner.
10.2.8 Safety Cooperation. The Job Order Contractor and its Subcontractors shall cooperate
fully with the Owner and all interested parties on accident prevention and claim
handling procedures.
10.2.9 Risk of Loss. The Job Order Contractor shall be fully responsible for, and shall bear the
full risk of loss of, all the Job Order Contractor's tools, equipment, materials, and other
property.
10.3 EMERGENCIES
10.3.1 In an emergency affecting safety of persons or property, the Job Order Contractor shall
act, at the Job Order Contractor's discretion, to prevent damage, injury, or loss.
Additional compensation or extension of time claimed by the Job Order Contractor on
account of an emergency shall be determined as provided in Article 4.2 and Article 7.
ARTICLE 11 INDEMNIFICATION AND INSURANCE
11.1 INDEMNIFICATION
11.1.1 To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify, and hold
harmless COUNTY, its agents, representatives, officers, directors, officials, and
employees from and against all claims, damages, losses and expenses, including, but not
limited to, attorney fees, court costs, expert witness fees, and the cost of appellate
proceedings, relating to, arising out of, or alleged to have resulted from the negligent
acts, errors, omissions or mistakes relating to the performance of this Contract.
CONTRACTOR’S duty to defend, indemnify and hold harmless COUNTY, its agents,
representatives, officers, directors, officials, and employees shall arise in connection
with any claim, damage, loss or expense that is attributable to bodily injury, sickness,
disease, death, or injury to, impairment, or destruction of property, including loss of use
resulting there from, caused by any negligent acts, errors, omissions or mistakes in the
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performance of this Contract including any person for whose acts, errors, omissions or
mistakes CONTRACTOR may be legally liable.
11.1.2 The amount and type of insurance coverage requirements set forth herein will in no way
be construed as limiting the scope of the indemnity in this paragraph.
11.2 INSURANCE REQUIREMENTS
11.2.1 CONTRACTOR, at CONTRACTOR'S own expense, shall purchase and maintain the
herein stipulated minimum insurance from a company or companies duly licensed
by the State of Arizona and possessing a current A.M. Best, Inc. rating of B++6. In
lieu of State of Arizona licensing, the stipulated insurance may be purchased from a
company or companies, which are authorized to do business in the State of Arizona,
provided that said insurance companies meet the approval of COUNTY. The form of
any insurance policies and forms must be acceptable to COUNTY.
11.2.2 All insurance required herein shall be maintained in full force and effect until all
work or service required to be performed under the terms of the Contract is
satisfactorily completed and formally accepted. Failure to do so may, at the sole
discretion of COUNTY, constitute a material breach of this Contract.
11.2.3 CONTRACTOR’S insurance shall be primary insurance as respects COUNTY, and any
insurance or self-insurance maintained by COUNTY shall not contribute to it.
11.2.4 Any failure to comply with the claim reporting provisions of the insurance policies or
any breach of an insurance policy warranty shall not affect the COUNTY’S right to
coverage afforded under the insurance policies.
11.2.5 The insurance policies may provide coverage that contains deductibles or self-
insured retentions. Such deductible and/or self-insured retentions shall not be
applicable with respect to the coverage provided to COUNTY under such policies.
CONTRACTOR shall be solely responsible for the deductible and/or self-insured
retention and COUNTY, at its option, may require CONTRACTOR to secure payment
of such deductibles or self-insured retentions by a surety bond or an irrevocable and
unconditional letter of credit.
11.2.6 COUNTY reserves the right to request and to receive, within 10 working days,
certified copies of any or all of the herein required insurance policies and/or
endorsements. COUNTY shall not be obligated, however, to review such policies
and/or endorsements or to advise CONTRACTOR of any deficiencies in such policies
and endorsements, and such receipt shall not relieve CONTRACTOR from, or be
deemed a waiver of COUNTY’S right to insist on strict fulfillment of CONTRACTOR’S
obligations under this Contract.
11.2.7 The insurance policies required by this Contract, except Workers’ Compensation,
and Errors and Omissions, shall name COUNTY, its agents, representatives, officers,
directors, officials and employees as Additional Insureds.
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11.2.8 The policies required hereunder, except Workers’ Compensation, and Errors and
Omissions, shall contain a waiver of transfer of rights of recovery (subrogation)
against COUNTY, its agents, representatives, officers, directors, officials and
employees for any claims arising out of CONTRACTOR’S work or service.
11.2.9 CONTRACTOR is required to procure and maintain the following coverages indicated
by a checkmark:
X 1. Commercial General Liability. Commercial General Liability insurance
and, if necessary, Commercial Umbrella insurance with a limit of not less
than $1,000,000 for each occurrence, $2,000,000 Products/Completed
Operations Aggregate, and $2,000,000 General Aggregate Limit. The
policy shall include coverage for bodily injury, broad form property
damage, personal injury, products and completed operations and blanket
contractual coverage, and shall not contain any provision which would
serve to limit third party action over claims. There shall be no
endorsement or modification of the CGL limiting the scope of coverage for
liability arising from explosion, collapse, or underground property
damage.
X 2. Automobile Liability. Commercial/Business Automobile Liability
insurance and, if necessary, Commercial Umbrella insurance with a
combined single limit for bodily injury and property damage of not less
than $1,000,000 each occurrence with respect to any of the
CONTRACTOR’S owned, hired, and non-owned vehicles assigned to or
used in performance of the CONTRACTOR’S work or services under this
Contract.
X 3. Workers’ Compensation. Workers’ Compensation insurance to cover
obligations imposed by federal and state statutes having jurisdiction of
CONTRACTOR’S employees engaged in the performance of the work or
services under this Contract; and Employer’s Liability insurance of not less
than $100,000 for each accident, $100,000 disease for each employee,
and $500,000 disease policy limit.
CONTRACTOR waives all rights against COUNTY and its agents, officers,
directors and employees for recovery of damages to the extent these
damages are covered by the Workers’ Compensation and Employer’s
Liability or commercial umbrella liability insurance obtained by
CONTRACTOR pursuant to this agreement.
X 4. Builder’s Risk (Property) Insurance. CONTRACTOR shall purchase and
maintain, on a replacement cost basis, Builders’ Risk insurance and, if
necessary, Commercial Umbrella insurance in the amount of the initial
Contract amount as well as subsequent modifications thereto for the
entire work at the site. Such Builders’ Risk insurance shall be maintained
until final payment has been made or until no person or entity other than
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COUNTY has an insurable interest in the property required to be covered,
whichever is earlier. This insurance shall include interests of COUNTY,
CONTRACTOR, and all subcontractors and sub-subcontractors in the work
during the life of the Contract and course of construction, and shall
continue until the work is completed and accepted by COUNTY. For new
construction projects, CONTRACTOR agrees to assume full responsibility
for loss or damage to the work being performed and to the structures
under construction. For renovation construction projects, CONTRACTOR
agrees to assume responsibility for loss or damage to the work being
performed at least up to the full Contract amount, unless otherwise
required by the Contract documents or amendments thereto.
Builders’ Risk insurance shall be on a special form and shall also cover
false work and temporary buildings and shall insure against risk of direct
physical loss or damage from external causes including debris removal,
demolition occasioned by enforcement of any applicable legal
requirements, and shall cover reasonable compensation for architect’s
service and expenses required as a result of such insured loss and other
“soft costs” as required by the Contract.
Builders’ Risk insurance must provide coverage from the time any covered
property comes under CONTRACTOR’S control and/or responsibility, and
continue without interruption during construction, renovation, or
installation, including any time during which the covered property is being
transported to the construction installation site, and while on the
construction or installation site awaiting installation. The policy will
provide coverage while the covered premises or any part thereof are
occupied. Builders’ Risk insurance shall be primary and not contributory.
If the Contract requires testing of equipment or other similar operations,
at the option of COUNTY, CONTRACTOR will be responsible for providing
property insurance for these exposures under a Boiler Machinery
insurance policy.
11.3 CERTIFICATES OF INSURANCE
11.3.1 Prior to commencing work or services under this Contract, CONTRACTOR shall
furnish COUNTY with Certificates of Insurance in a form acceptable to COUNTY, or
formal endorsements as required by the Contract in the form provided by the
County, issued by CONTRACTOR’S insurer(s), as evidence that policies providing the
required coverages, conditions and limits required by this Contract are in full force
and effect. Such certificates shall identify this contract number and title. Certificates
of Insurance are to be mailed to:
Maricopa County Facilities Management Department
Attn: Contract Branch
401 W. Jefferson St.
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Certificates of Insurance not properly delivered will be deemed undelivered and
Owner shall exercise its option to cease work until a properly delivered document is
received.
11.3.2 In the event any insurance policy(ies) required by this contract is(are) written on a
“claims made” basis, coverage shall extend for two years past completion and
acceptance of CONTRACTOR’S work or services and as evidenced by annual
Certificates of Insurance.
11.3.3 If a policy does expire during the life of the Contract, a renewal certificate must be
sent to COUNTY fifteen (15) days prior to the expiration date.
11.4 CANCELLATION AND EXPIRATION NOTICE
11.4.1 Insurance required herein shall not expire, be canceled, or materially changed
without thirty (30) days prior written notice to COUNTY.
11.5 PERFORMANCE AND PAYMENT BONDS
11.5.1 A.R.S. § 34-222. Job Order Contractor shall obtain, at its own expense, performance
and payment bonds as required by A.R.S. § 34-222 and Section 00610. Job Order
Contractor warrants that its payment and performance bonds fully comply with
A.R.S. § 34-222. Bonds are required on a project-by-project basis for the full value
of the Task Order, to be amended as Task Modifications are issued.
11.5.2 Copies to Potential Beneficiaries. Upon the request of any person or entity
appearing to be a potential beneficiary of bonds covering payment of obligations
arising under the Contract, the Job Order Contractor shall promptly furnish a copy of
the bonds or shall permit a copy to be made.
ARTICLE 12 UNCOVERING AND CORRECTION OF WORK
12.1 UNCOVERING OF WORK
12.1.1 Duty to Uncover Work. If a portion of the Work is covered contrary to the Owner's
request or to requirements specifically expressed in the Contract, it must, if required in
writing, be uncovered for their observation and be replaced at the Job Order
Contractor’s expense without change in the Contract Time.
12.1.2 Cost of Uncovering Work. If a portion of the Work has been covered which the Owner
has not specifically requested to observe prior to its being covered, the Owner may
request to see such Work and it shall be uncovered by the Job Order Contractor. If such
Work is in accordance with the Contract, costs of uncovering and replacement shall, by
appropriate Change Order, be charged to the Owner. If such Work is not in accordance
with the Contract, the Job Order Contractor shall pay such costs.
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12.2 CORRECTION OF WORK
12.2.1 Duty to Correct Rejected Work. The Job Order Contractor shall promptly correct all
Work rejected by the Owner as defective or failing to conform to the requirements of
the Contract, whether observed before or after Substantial Completion of the Work and
whether or not fabricated, installed, or completed. The Job Order Contractor shall bear
costs of correcting such rejected Work, including the replacement or repair of other
work affected by Job Order Contractor’s performance, including additional testing and
inspection and compensation for the Owner’s services made necessary thereby. Work
rejected before Final Completion shall be corrected prior to Final Payment.
12.2.2 Two-Year Duty to Correct Work. If within any guarantee period, repairs or changes are
required in connection with the guaranteed Work, as the result of the use of materials,
equipment or workmanship, which are defective, or inferior, or not in accordance with
the terms of the Contract, the Contractor is to commence and continue to effect such
repairs or changes to, promptly, within 48 hours after receipt of notice from the Owner,
except in the case of emergencies, and without expense to the Owner:
12.2.2.1 Four (4) hours for emergency repair work. An “emergency repair” is defined
as that repair necessitated by life, safety or security issues that will jeopardize the
continued operation of that facility, endanger its occupants or the general public.
12.2.2.2 Sixteen (16) hours for urgent repair work. An “urgent repair” is defined as
that repair necessitated by issues that may jeopardize the continued operation of
that facility, endanger it’s occupants or the general public.
12.2.2.3 Five (5) days for general service or repairs
12.2.2.3.1 place in satisfactory condition, in every particular, all of such guaranteed
work and correct all defects therein;
12.2.2.3.2 make good all changes to the structure or site or equipment or contents
thereof, which in the opinion of the Architect, Engineer or Owner, is the
result of the use of materials, equipment or workmanship which are
inferior, defective or not in accordance with the terms of the Contract.
12.2.2.4 Notifications by the Owner of defects will stop the warranty time period. The
guarantee or warranty period for that replaced or restored work is to be reinstated
for the remaining time period, starting on the date of acceptance of the replaced or
restored work.
12.2.2.5 In any case, where, in fulfilling the requirements of the Contract or of any
guarantee embraced in or required thereby, the Contractor disturbs any work
guaranteed under another contract, the Contractor is responsible to restore such
work to a condition satisfactory to the Architect, Engineer or Owner and guarantee
such restored work to the same extent as it was guaranteed under such other
contract.
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12.2.2.6 If the Contractor after notice fails to proceed to commence and continue to
comply with the terms of the guarantee and Paragraph 1, the Owner may have the
defect corrected, in which case the Contractor and its Surety are liable for all
expenses incurred.
12.2.2.7 All special guarantees or warranties applicable to definite parts of the Work
that may be stipulated in the Specifications or other papers forming part of the
Contract are subject to the terms of this Article during the first year of the life of
such special guarantee.
12.2.2.8 Nothing contained in this Article is to be construed to establish a period of
limitation with respect to any other obligation which the Contractor might have
under the Contract Documents. This Article is supplemental, and does not exclude,
such other obligations.
12.2.3 Removal of Nonconforming Work. The Job Order Contractor shall remove from the Site,
at no additional cost, portions of the Work, which are not in accordance with the
requirements of the Contract and are neither corrected by the Job Order Contractor nor
accepted by the Owner.
12.2.4 Owner's Right to Correct Nonconforming Work. If the Job Order Contractor fails to
correct nonconforming Work within a reasonable time, the Owner may correct it in
accordance with Article 2.3. If the Job Order Contractor does not proceed with
correction of such nonconforming Work within a reasonable time fixed by written notice
from the Owner, the Owner may remove it and store the salvable materials or
equipment at the Job Order Contractor’s expense. If the Job Order Contractor does not
pay costs of such removal and storage within ten (10) days thereafter, the Owner may
sell such materials and equipment at auction or at private sale and shall account for the
net proceeds thereof, after deducting the costs that should have been borne by the Job
Order Contractor, including compensation for Owner’s additional services and expenses
made necessary thereby. If such proceeds of sale do not cover costs which the Job
Order Contractor should have borne, the Contract Sum shall be reduced by the
deficiency. If payments then or thereafter due the Job Order Contractor are not
sufficient to cover such amount, the Job Order Contractor shall pay the difference to the
Owner.
12.2.5 Cost of Correcting Other Affected Work. The Job Order Contractor shall bear the cost of
correcting destroyed or damaged construction, whether completed or partially
completed, of the Owner, Job Order Contractor, or other contractors caused by the Job
Order Contractor’s correction or removal of Work which is defective or not in
accordance with the requirements of the Contract.
12.2.6 Warranty Periods. Nothing contained in this Article 12.2 shall be construed to establish a
period of limitation with respect to obligations, which the Job Order Contractor has
under the Contract or at law, including Article 3.6. Establishment of the time period of
one year as described in Article 12.2.2, or such longer period of time as may be
prescribed by law or by the terms of any warranty required by the Contract, relates only
to the specific obligation of the Job Order Contractor to correct the Work, and has no
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relationship to the time within which the obligation to comply with the Contract may be
sought to be enforced, nor to the time within which proceedings may be commenced to
establish the Job Order Contractor’s liability with respect to the Job Order Contractor’s
obligations.
12.3 ACCEPTANCE OF NONCONFORMING WORK
12.3.1 If the Owner prefers to accept Work, which is not in accordance with the requirements
of the Contract, the Owner may do so instead of requiring its removal and correction, in
which case the Contract Sum will be reduced as appropriate and equitable for the
difference in value together with an allowance for damage or loss of quality. Such
adjustment shall be effected whether or not Final Payment has been made.
ARTICLE 13 MISCELLANEOUS PROVISIONS
13.1 GOVERNING LAW
13.1.1 The Contract shall be governed by the laws of the State of Arizona.
13.2 SUCCESSORS AND ASSIGNS
13.2.1 The Owner and Job Order Contractor respectively bind themselves, their successors,
assigns, and legal representatives to the other party hereto and to successors, assigns,
and legal representatives of such other party in respect to covenants, agreements, and
obligations contained in the Contract.
13.3 NOTICES
13.3.1 Methods of Notice. All notices pursuant to this Agreement must be in writing and must
be sent to the appropriate person and will be deemed properly given if sent by
(1) personal delivery, (2) facsimile transmission, (3) express mail, postage prepaid,
return receipt requested, or (4) certified United States mail, postage prepaid, return
receipt requested, addressed as follows:
Owner: Maricopa County
c/o Facilities Management Department
401 West Jefferson Street
Phoenix, Arizona 85003
Attn: Director
Job Order Contractor:
Attn: Project Manager
Each party may, by notice to the others, specify a different address for subsequent
notice purposes. Notice is effective on the date of actual receipt or three (3) days after
the date of mailing, whichever is earlier.
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13.3.2 Authorized Persons. Written notice shall be deemed to have been duly served if
delivered in person to the individual, or a member of the firm or entity, or to an officer
of the corporation for which it was intended, or if delivered at or sent by registered or
certified mail to the last business address known to the party giving notice.
13.4 RIGHTS AND REMEDIES
13.4.1 Legal Rights. Duties and obligations imposed by the Contract and rights and remedies
available thereunder shall be in addition to and not a limitation of duties, obligations,
rights, and remedies otherwise imposed or available by law. This clause shall not be
interpreted to permit the Job Order Contractor to recover any costs or damages that are
otherwise limited, prohibited, or waived by the Contract.
13.4.2 No Waiver. No action or failure to act by the Owner or Job Order Contractor shall
constitute a waiver of a right or duty afforded them under the Contract, nor shall such
action or failure to act constitute approval of, or acquiescence in, a breach thereunder,
except as may be specifically agreed in writing.
13.5 TESTS AND INSPECTIONS
13.5.1 Job Order Contractor’s Duty to Administer. Tests, inspections, and approvals of portions
of the Work required by the Contract or by laws, ordinances, rules, regulations, or
orders of public authorities having jurisdiction shall be made at the appropriate time.
Unless otherwise provided, the Owner shall make arrangements for such tests,
inspections, and approvals with the independent testing laboratory. The Job Order
Contractor shall give the Owner timely notice of when and where tests and inspections
are to be made so the Owner may observe such procedures. Any of the Work requiring
testing, inspection, or approval which is covered or otherwise made inaccessible
without the consent of those requiring or making the inspection or test shall be
uncovered or made accessible by, and at the expense of, the Job Order Contractor. Job
Order Contractor shall be responsible for any testing, retesting, or other charges
resulting from Job Order Contractor’s failure to perform.
13.5.2 Additional Testing and Inspection. If the Owner or public authorities having jurisdiction
determine that portions of the Work require additional testing, inspection, or approval
not included under Article 13.5, the Owner will instruct the Job Order Contractor to
make arrangements for such additional testing, inspection, or approval by an entity
acceptable to the Owner, and the Job Order Contractor shall give timely notice to the
Owner of when and where tests and inspections are to be made so the Owner may
observe such procedures. The Owner shall bear such costs except as provided in
Article 13.5.
13.5.3 Costs for Testing and Inspection. If such procedures for testing, inspection, or approval
under Articles 13.5 reveals failure of the portions of the Work to comply with
requirements established by the Contract, the Job Order Contractor shall bear all costs
made necessary by such failure, including those of repeated procedures and
compensation for the Owner's services and expenses.
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13.5.4 Certificates. Required certificates of testing, inspection, or approval shall, unless
otherwise required by the Contract, be secured by the Job Order Contractor and
promptly delivered to the Owner.
13.5.5 Prompt Testing and Inspection. Tests or inspections conducted pursuant to the Contract
shall be made promptly to avoid unreasonable delay in the Work.
13.6 MANUFACTURERS' NAMEPLATES
13.6.1 Manufacturers' nameplates shall not be permanently attached to ornamental and
miscellaneous metal work, doors, frames, millwork, and similar factory fabricated
products on which, in the Owner's opinion, the nameplates would be objectionable, if
visible after installation of the Work. This provision does not apply to underwriters'
labels when required, or to the manufacturers' name and rating plates on mechanical
and electrical equipment.
13.7 MANUFACTURERS' INSTRUCTIONS
13.7.1 All manufactured articles, materials, and equipment shall be applied, installed,
connected, erected, used, cleaned, and conditioned in accordance with the
manufacturers' written specifications or instructions. In case of any difference or
conflicts between the requirements of the manufacturers' instructions or specifications
and the technical sections of the Specifications, the Job Order Contractor shall promptly
report any such difference or conflict to the Owner.
13.8 SBE REQUIREMENTS
13.8.1 The Job Order Contractor shall comply with all requirements of the Small Business
Enterprise ("SBE") program applicable to the Project as specified in Exhibit “C”,
Maricopa County Small Business Enterprise Program Construction Contracting
Requirements.
ARTICLE 14 COMPLIANCE WITH LAWS
14.1 APPLICABLE LAWS
14.1.1 This Contract is made in accordance with and subject to the provision of all applicable
laws, statutes, ordinances, rules, regulations, executive orders, and codes. To the extent
required by applicable law, each party hereto shall comply and require its
subcontractors and suppliers to comply with all then applicable federal, state of Arizona,
and local nondiscrimination laws, rules, regulations, ordinances, and executive orders,
including, without limitation, the Civil Rights Act of 1964, the Age Discrimination in
Employment Act, and the Americans with Disabilities Act, as they may be amended,
modified, codified, supplemented, or repealed from time to time.
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14.2 ACCESS
14.2.1 Job Order Contractor will accommodate reasonable access to the Site by third parties at
the request of Owner.
14.3 HEADINGS
14.3.1 The subject headings of this Agreement are included for purposes of convenience only
and shall not affect the construction or interpretation of any provision of this
Agreement.
14.4 INTERPRETATION
14.4.1 In the interest of brevity, the Contract frequently omits modifying words such as "all"
and "any" and articles such as "the" and "an", but the fact that a modifier or an article is
absent from one statement and appears in another is not intended to affect the
interpretation of either statement. To the extent permitted by the context in which
used, (1) words in the singular member shall include the plural, words in the masculine
gender shall include the feminine and neuter, and vice versa; and (2) (unless specified
otherwise) references to Articles are to Articles of Section 00700, General Conditions to
the Job Order Contract.
14.5 COOPERATIVE PURCHASING
14.5.1 County currently holds ICPA’s with numerous governmental entities throughout the
State of Arizona. These agreements allow those entities, with the approval of the
Contractor, to purchase their requirements under the terms and conditions of the
County Contract. Please indicate on Attachment A, your acceptance or rejection
regarding such participation of other governmental entities. Your response will not be
considered as an evaluation factor in awarding a contract.
14.6 SUDAN AND IRAN
14.6.1 Pursuant to Arizona Revised Statutes §§ 35-391.06 and 35-393.06, Contractor certifies
that it does not have a scrutinized business operation in either Sudan or Iran.
14.7 LEGAL WORKER REQUIREMENTS
14.7.1 As required by Arizona Revised Statutes §41-4401, the University is prohibited after
September 30, 2008 from awarding a contract to any service or construction contractor
who fails, or whose subcontractors fail, to comply with Arizona Revised Statutes § 23-
214-A. The Contractor warrants that it complies fully with all federal immigration laws
and regulations that relate to its employees, that it shall verify, through the
employment verification pilot program as jointly administered by the U.S. Department
of Homeland Security and the Social Security Administration or any of its successor
programs, the employment eligibility of each employee hired after December 31, 2007,
and that it shall require its subcontractors and sub-subcontractors to provide the same
warranties to the Contractor. The Contractor acknowledges that a breach of this
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warranty by Contractor or by any subcontractor or sub-subcontractor under this
Contract shall be deemed a material breach of this Contract, and is grounds for
penalties, including termination of this Contract, by Maricopa County. Maricopa County
retains the right to inspect the records of any Contractor, subcontractor and sub-
subcontractor employee who performs work under this Contract, and to conduct
random verification of the employment records of the Contractor and any subcontractor
and sub-subcontractor who works on this Contract, to ensure that the Contractor and
each subcontractor and sub-subcontractor is complying with the warranties set forth
above. Contractor shall be responsible for all costs associated with compliance with this
requirement.
ARTICLE 15 TERMINATION OR SUSPENSION OF THE CONTRACT
15.1 TERMINATION BY THE OWNER FOR CAUSE
15.1.1 Criteria for Termination for Cause. The Owner may terminate the Contract if the Job
Order Contractor:
15.1.1.1 Persistently or repeatedly refuses or fails to supply enough properly skilled workers
or proper materials;
15.1.1.2 Persistently disregards laws, ordinances, rules, regulations, or orders of a public
authority having jurisdiction;
15.1.1.3 Breaches any provision of the Contract;
15.1.1.4 Fails to furnish the Owner with assurances satisfactory to the Owner evidencing the
Job Order Contractor’s ability to complete the Work in compliance with all the
requirements of the Contract; or
15.1.1.5 Fails after commencement of the Work to proceed diligently and continuously with
the construction and completion of the Work for more than seven (7) days, except
as permitted under the Contract.
15.1.1.6 Persistently or repeatedly refuses or fails to carry out the Safety provisions as
required by Contract;
15.1.1.7 Fails to make payment to Subcontractors for materials or labor in accordance with
the respective agreements between the Job Order Contractor and the
Subcontractors.
15.1.2 Effect of Termination for Cause. When any of the above conditions exist, the Owner,
after consultation with the Owner, may without prejudice to any other rights or
remedies of the Owner, and after giving the Job Order Contractor and the Job Order
Contractor’s Surety, if any, three (3) days' written notice, terminate the Contract and
may, subject to any prior rights of the Surety:
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15.1.2.1 Take possession of the Site and all materials, equipment, tools, and construction
equipment machinery thereon owned by the Job Order Contractor;
15.1.2.2 Accept assignment of subcontracts pursuant to Article 5.4; and
15.1.2.3 Finish the Work by whatever reasonable method the Owner may deem expedient.
15.1.3 Job Order Contractor Right to Receive Payment. When the Owner terminates the
Contract for one of the reasons stated in Article 15.1.1, the Job Order Contractor shall
not be entitled to receive further payment until the Work is finished.
15.1.4 Costs for Finishing Work. If the unpaid balance of the Contract Sum exceeds costs of
finishing the Work, including compensation for the Owner’s services and expenses made
necessary thereby, such excess shall be paid to the Job Order Contractor. If such costs
exceed the unpaid balance, the Job Order Contractor shall pay the difference to the
Owner. The amount to be paid to the Job Order Contractor or Owner, as the case may
be, shall, upon application, be certified after consultation with the Owner, and this
obligation for payment shall survive termination of the Contract.
15.2 SUSPENSION BY THE OWNER FOR CONVENIENCE
15.2.1 Owner's Right. The Owner may, without cause, order the Job Order Contractor in
writing to suspend, delay, or interrupt the Work in whole or in part for such period of
time as the Owner may determine.
15.2.2 Adjustment in Contract Sum. An adjustment shall be made for increases in the cost of
performance of the Contract, including profit on the increased cost of performance,
caused by suspension, delay, or interruption. No adjustment shall be made to the
extent:
15.2.2.1 that performance is, was, or would have been so suspended, delayed, or
interrupted by another cause for which the Job Order Contractor is responsible; or
15.2.2.2 that an equitable adjustment is made or denied under another provision of this
Contract.
15.2.3 Method for Adjustment in Contract Sum. Adjustments made in the cost of performance
may have a mutually agreed fixed or percentage fee.
15.3 OWNER'S TERMINATION FOR CONVENIENCE
15.3.1 Effect of Termination for Convenience. The Owner reserves the right to terminate the
Contract for convenience and without cause, even if Job Order Contractor has not failed
to perform any part of the Contract. Termination of the Work hereunder shall be
effected by written notice to the Job Order Contractor. Upon receipt of such notice, Job
Order Contractor shall, unless the notice otherwise directs:
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15.3.1.1 Immediately discontinue the Work and the placing of all orders and subcontracts in
connection with this Contract;
15.3.1.2 Immediately cancel all of the existing orders and subcontracts made hereunder;
15.3.1.3 Immediately transfer to the Owner all materials, supplies, Work in progress,
appliances, facilities, machinery, and tools acquired by the Job Order Contractor in
connection with the performance of the Contract, and take such action as may be
necessary or as the Owner may direct for protection and preservation of the Work
relating to this Contract; and
15.3.1.4 Deliver all plans, Drawings, Specifications, and other necessary information to
Owner.
15.3.2 Job Order Contractor’s Exclusive Remedy. If the Owner terminates the Contract for
convenience, the following shall be the Job Order Contractor’s exclusive remedy:
15.3.2.1 Reimbursement of all actual expenditures and costs approved by the Owner as
having been made or incurred in performing the Work;
15.3.2.2 Reimbursement of expenditures made and costs incurred with the Owner's prior
written approval in settling or discharging outstanding commitments entered into
by the Job Order Contractor in performing the Contract; and
15.3.2.3 Payment of profit, in so far as profit is realized hereunder, of an amount equal to
the estimated profit on the entire Contract at the time of termination multiplied by
the percentage of completion of the Work. In no event shall the Job Order
Contractor be entitled to anticipated fees or profits on Work not required to be
performed.
15.3.3 Warranties, Guarantees, and Indemnities to Remain in Effect. All obligations of the Job
Order Contractor under the Contract with respect to completion of the Work, including
but not limited to all warranties, guarantees, and indemnities, shall apply to all Work
completed or substantially completed by the Job Order Contractor prior to a
convenience termination by the Owner. Notwithstanding the above, any convenience
termination by the Owner or payments to the Job Order Contractor shall be without
prejudice to any claims or legal remedies that the Owner may have against the Job
Order Contractor for any cause.
15.3.4 Conversion of Termination for Cause to Termination for Convenience. Upon a
determination that a termination of this Contract, other than a termination for
convenience, under this Article was wrongful or improper for any reason, such
termination shall automatically be deemed converted to a convenience termination
under this Article 15, and the Job Order Contractor’s remedy for such wrongful
termination shall be limited to the recoveries specified under Article 15.3.2.
15.3.5 Remedy Limited to Damages. In the event that Job Order Contractor is terminated,
whether for cause or convenience, the Job Order Contractor’s sole remedy shall be for
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damages. In no event shall Job Order Contractor be entitled to reinstatement or other
equitable relief from a court or through Alternative Dispute Resolution as provided in
Exhibit B.
15.3.6 Notice that Contract is Subject to Termination Provisions of A.R.S. § 38-511. The parties
acknowledge, and as required by law, notice is hereby given that this Contract is subject
to A.R.S. § 38-511.
END OF SECTION
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EXHIBIT A
DEFINITIONS TO THE GENERAL CONDITIONS
TO THE CONSTRUCTION CONTRACT
Allowance means funds which are included in the Task Order Bid and designated for uses by the Owner.
Application for Payment has the meaning set forth in Article 9.2.1 of the General Conditions to the
Construction Contract.
Article shall refer to Specifications Section 00700, General Conditions of the Construction Contract.
Authorized Agent means any person, which may be an employee of the Owner or a consultant, with
written notification who acts on behalf of the Owner for the purposes of managing the Task Order.
Business Day means all days of the year except Saturday, Sunday and legal holidays of the United States
of America or the State of Arizona.
Certificate of Substantial Completion has the meaning set forth in Article 9.8.2 of the General
Conditions to the Construction Contract.
Change Order has the meaning set forth in Article 7.1 of the General Conditions to the Construction
Contract.
Claim means a demand or assertion by one of the parties seeking, as a matter of right, adjustment or
interpretation of Contract terms, payment of money, extension of time, or other relief with respect to
the terms of the Contract. The term "Claim" also includes other disputes and matters in question
between the Owner and Job Order Contractor arising out of or relating to the Contract. Claims must be
made by written notice. The responsibility to substantiate Claims shall rest with the party making the
Claim.
Contract means the fully executed Contract document between the Job Order Contractor and Maricopa
County, Arizona, as may be amended or modified from time to time.
Contract Documents are defined in Section 00500, 7 Contract Documents.
Contract Sum is stated in Section 00500, 4.1 and means the total amount payable by the Owner to the
Job Order Contractor for performance of the Work under each individual Task Order and pursuant to the
terms of the Contract.
Contract Time means the periods of time set forth in each individual Task Order for Substantial
Completion and Final Completion of the Work set forth in that Task Order.
Day or "day" means calendar day unless otherwise specifically defined.
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Drawings means the documents referenced in Section 00500, 7 Contract Documents, showing the
design, location and dimensions of the Work, generally including but not limited to plans, elevations,
sections, details, schedules and diagrams and/or those developed under a specific Task Order
Employer means any individual, firm, or corporation who provides direct labor at or from the Project
Site either by written or verbal contract, work order, purchase order, or invoice.
Final Completion means when all of the Work of the Contract fulfills all of the terms of the Contract in
all respects.
Final Payment has the meaning set forth in Article 9.9.2 of the General Conditions to the Job Order
Contract.
Furnish or "furnish" means "furnish only", including delivery of materials to the Site.
General Requirements means Division I of the Specifications.
Indemnitees means the Owner and all of their respective authorized agents, employees, successors and
assigns.
Install or "install" means "install only" furnished materials or items. Such materials or items shall be
received at the Site, unloaded, stored and/or distributed, protected, and installed in place, including
final connections. Minor items and accessories reasonably inferable as necessary to complete the
proper installation shall be provided by the Contractor whether or not they are specifically called for by
the Specifications or Drawings.
Insurance Carrier means the carrier providing coverage for any of the insurance programs.
Insured means the entity named in a Policy or Certificate of Insurance signed by a duly authorized
representative of the Insurers.
Insurer means the Insurance Carrier named on a Policy or Certificate of Insurance.
Job Order Contractor means the person or entity identified as such in the Job Order Contract.
JOC Construction Schedule has the meaning set forth in Article 3.11.1 of the General Conditions to the
Contract.
Material Status Report has the meaning set forth in Article 3.11.7 of the General Conditions to the Job
Order Contract.
Notice to Proceed means that written dated document which instructs the Job Order Contractor to
proceed and sets forth the date for substantial and final completion of the project outlined in a specific
Task Order.
Owner means Maricopa County, Arizona, or its Authorized Agent.
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Product Data means illustrations, standard schedules, performance charts, instructions, brochures,
diagrams and other information furnished by the Job Order Contractor to illustrate materials or
equipment for some portion of the Work.
Project means the total construction necessary for the full and efficient use of the facilities and
appurtenances described in the individual Task Order Documents.
Provide or Perform or "provide" or "perform" means to furnish, install and complete all labor,
materials, equipment, services and other items required to complete the referenced tasks.
Record Documents has the meaning set forth in Section 3.12.2 of the General Conditions.
Record Drawings has the meaning set forth in Section 3.12.2 of the General Conditions.
Samples are physical examples that illustrate materials, equipment or workmanship and establish
standards by which the Work will be judged.
SBE has the meanings set forth in Article 13.8 of the General Conditions to the Construction Contract,
Maricopa County Small Business Enterprise Construction Contracting Requirements.
Schedule of Values has the meaning set forth in Article 9.1 of the General Conditions to the Job Order
Contract.
Scope Documents means all documents associates with setting forth the scope of Work designated in
each Task Order utilized to develop the Task Order Sum.
Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the
Job Order Contractor or a Subcontractor, sub-subcontractor, manufacturer, supplier or distributor to
illustrate some portion of the Work.
Site means that certain real property upon which the Project is to be constructed and which is generally
depicted in the Contract Documents.
Specifications means the document referenced in each individual Task Order consisting of the written
requirements for materials, equipment, construction systems, standards and workmanship for the
Work, and performance of related services.
Subcontractor means any person or entity supplying labor, equipment, or material for a portion of the
Job Order Contractor’s Work either on or off the Site and all of the respective employees, agents,
successors and assigns of such person or entity. The term "Subcontractor" includes sub-subcontractors
of the Job Order Contractor but does not include subcontractors of other contractors performing Work
for the Project.
Substantial Completion is the date certified by the Architect/Engineer, if utilized, and/or the Owner in
accordance with Article 9.8.1 of the General Conditions to the Job Order Contract.
Surety means the entity providing the performance and payment bonds required under Article 11.4 of
the General Conditions to the Job Order Contract.
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Task Order means that document which identifies and notifies the Job Order Contractor that a task
needs to be performed pursuant to the Job Order Contract and all subsequent documents setting forth
the scope, time and sum and is executed by issuance of both the Purchase Order and Notice to Proceed.
Task Order Sum means the value of each individual Task Order and means the total amount payable by
the Owner to the Job Order Contractor for performance of the Work under the Task Order.
Task Order Time means the period of time set forth in each individual Task Order for Substantial
Completion and Final Completion of the Work outlined in said Task Order.
Work means all administration, labor, equipment and materials, whether on or off the Site, necessary to
produce and fully complete the construction required by the Contract or reasonably inferable
therefrom. If all or part of the Work involves demolition, the term "Work" shall also mean demolition
and all activities related to demolition.
Work Day relates to the Job Order Contractor’s schedule bases for calculating project activities and
durations.
END OF EXHIBIT
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EXHIBIT B
ALTERNATIVE DISPUTE RESOLUTION
1.1 Scope. Notwithstanding anything to the contrary provided elsewhere in the Contract, the
alternative dispute resolution (“ADR”) process provided for herein shall be the exclusive
means for resolution of claims or disputes arising under, relating to or touching upon the
Contract, the interpretation thereof or the performance or breach by any party thereto,
including but not limited to original claims or disputes asserted as cross claims,
counterclaims, third party claims or claims for indemnity or subrogation, in any threatened
or ongoing litigation or arbitration with third parties, if such disputes involve parties to
contracts containing this ADR provision.
1.2 Neutral Evaluator, Arbitrators. The County will select a Neutral Evaluator to serve as set
forth in this ADR process. The County and Job Order Contractor shall each select an
arbitrator to serve as set forth in this ADR process. Each arbitrator selected shall be a
member of the State Bar of the State of Arizona and shall have experience in the field of
construction law.
1.3 Neutral Evaluation Process. If the parties have been unable to resolve the disputes after
discussions and partnering, the following neutral evaluation process shall be used to resolve
any such dispute.
1.3.1 Notification of Dispute. The County through its Agent shall promptly notify the Neutral
Evaluator in writing of the existence of a dispute within ten days of the County or the
Job Order Contractor declaring need to commence the neutral evaluation process.
1.3.2 Non-Binding Informal Hearing. The Neutral Evaluator shall schedule a non-binding
informal hearing of the matter to be held within seven (7) calendar days from receipt of
notification of the existence of a dispute. The Neutral Evaluator may conduct the
hearing in such manner as he deems appropriate and shall notify each party of the
hearing of its opportunity to present evidence they believe will resolve the dispute. The
Neutral Evaluator shall notify each party to the dispute that they shall submit a written
outline of the issues and evidence intended to be introduced at the hearing and their
proposed resolution of the dispute to the Neutral Evaluator before the hearing
commences. Arbitrators shall not participate in such informal hearing or proceedings
process. The Neutral Evaluator is not bound by the rules of evidence when admitting
evidence in the hearing and may limit the length of the hearing, the number of
witnesses or any evidence introduced to the extent deemed relevant and efficient.
1.3.3 Non-Binding Decision. The Neutral Evaluator shall render a non-binding written
decision as soon as possible, but not later than five (5) calendar days after the hearing.
1.4 Binding Arbitration Procedure. The following binding arbitration procedure, except as
provided elsewhere in this Contract, shall serve as the exclusive method to resolve a dispute
if any party chooses not to accept the decision of the Neutral Evaluator. The party
requesting binding arbitration shall notify the Neutral Evaluator in writing within three (3)
working days of receipt of the Neutral Evaluator’s decision of a request for arbitration. If the
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Job Order Contractor requests arbitration it shall post a cash bond with the Neutral
Evaluator in an amount agreed upon by the parties or, in the event of no agreement, the
Neutral Evaluator shall establish the amount of the cash bond to defray the cost of the
arbitration as set forth in paragraph 1.4.13 and the proceeds from the bond shall be
allocated in accordance with paragraph 1.4.13 by the Arbitration Panel.
1.4.1 Arbitration Panel. The Arbitration Panel shall consist of three arbitrators: the County's
appointed arbitrator, the Job Order Contractor’s appointed arbitrator and a third
arbitrator (or “neutral arbitrator”) who shall be selected by the parties' arbitrators as set
forth in Section 1.4.2. If more than one Job Order Contractor is involved in a dispute, the
Job Order Contractors shall agree on an appointee to serve as arbitrator. The Neutral
Evaluator shall not participate in the proceedings.
1.4.2 Selection of Neutral Arbitrator. The parties’ arbitrators shall choose the Neutral
Arbitrator, within five (5) business days of receipt of notification of a dispute from the
Neutral Evaluator. The Neutral Arbitrator shall have the same qualifications as those of
the arbitrators set forth in paragraph 1.2. In the event that the selected arbitrators
cannot agree on the Neutral Arbitrator as set forth above, the Neutral Arbitrator shall
be the person who shall be selected as the Default Neutral Arbitrator. The Default
Neutral Arbitrator shall be selected jointly by the County and Job Order Contractor
before within twenty-one (21) calendar days of Contract execution. If the County and
Job Order Contractor cannot agree on a Default Neutral Arbitrator, the County and the
Job Order Contractor shall each submit two names to Judge Eino Jacobson, or successor
as designated by Maricopa County, who shall select one person
1.4.3 Expedited Hearing. The parties have structured this procedure with the goal of
providing for the prompt, efficient and final resolution of all disputes falling within the
purview of this ADR process. To that end, any party can petition the Neutral Evaluator to
set an expedited hearing. If the Neutral Evaluator determines that the circumstances
justify it, the Neutral Evaluator shall contact the selected Arbitration Panel and arrange
for scheduling of the arbitration at the earliest possible date. In any event, the hearing
of any dispute not expedited will commence as soon as practical but in no event later
than twenty (20) working days after notification of request for arbitration having been
submitted. This deadline can be extended only with the consent of all the parties to the
dispute, or by decision of the Arbitration Panel upon a showing of emergency
circumstances.
1.4.4 Procedure. The Arbitration Panel will select a Chairman and will conduct the hearing in
such a manner that will resolve disputes in a prompt, cost efficient manner giving regard
to the rights of all parties. Each party shall supply to the Arbitration Panel a written pre-
hearing statement which shall contain a brief statement of the nature of the claim or
defense, a list of witnesses and exhibits, a brief description of the subject matter of the
testimony of each witness who will be called to testify, and an estimate as to the length
of time that will be required for the arbitration hearing. The Arbitration Panel shall
review and consider the Neutral Evaluator decision. The Chairman shall determine the
nature and scope of discovery, if any, and the manner of presentation of relevant
evidence consistent with deadlines provided herein, and the parties’ objective that
disputes be resolved in a prompt and efficient manner. No discovery may be had of any
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Contract No.: 918-**-***
materials or information for which a privilege is recognized by Arizona law. The
Chairman upon proper application shall issue such orders as may be necessary and
permissible under law to protect confidential, proprietary or sensitive materials or
information from public disclosure or other misuse. Any party may make application to
the Maricopa County Superior Court to have a protective order entered as may be
appropriate to confirm such orders of the Chairman.
1.4.5 Hearing Days. In order to effectuate parties’ goals, the hearing once commenced, will
proceed from working day to working day until concluded, absent a showing of
emergency circumstances.
1.4.6 Award. The Arbitration Panel shall, within ten (10) calendar days from the conclusion of
any hearing, by majority vote issue its award. The award shall include an allocation of
fees and costs pursuant to 1.4.13 herein. The award is to be rendered in accordance
with the Contract and the law of the State of Arizona.
1.4.7 Scope of Award. The Arbitration Panel shall be without authority to award punitive
damages, and any such punitive damage award shall be void. The Arbitration Panel shall
be without any authority to issue an award against any individual party in excess twenty
percent (20%) of the original Contract amount, but in no event shall any award exceed
two million dollars ($2,000,000), exclusive of interest, arbitration fees, costs and
attorneys’ fees. If an award is made against any individual party in excess of one
hundred thousand dollars ($100,000), exclusive of interest, arbitration fees, costs and
attorneys’ fees, it must be supported by written findings of fact, conclusions of law and
a statement as to how damages were calculated. Any claim in excess of twenty percent
(20%) of the original Contract amount or in excess two million dollars ($2,000,000) shall
be subject to the original jurisdiction of the Superior Court of Arizona, Maricopa County.
Any party can contest the validity of the amount claimed if an action is filed in the
Superior Court.
1.4.8 Jurisdiction. The Arbitration Panel shall not be bound for jurisdictional purposes by the
amount asserted in any party’s claim, but shall conduct a preliminary hearing into the
question of jurisdiction upon application of any party at the earliest convenient time,
but not later than the commencement of the arbitration hearing.
1.4.9 Entry of Judgment. Any party can make application to the Maricopa County Superior
Court for confirmation of an award, and for entry of judgment on it.
1.4.10 Severance and Joinder. To reduce the possibility of inconsistent adjudications, the
Neutral Evaluator or the Arbitration Panel, may: (i) at the request of any party, join
and/or sever parties, and/or claims arising under other contracts containing this ADR
provision, and (ii) the Neutral Evaluator, on his own authority, or the Arbitration Panel
may, on his own authority, join or sever parties and/or claims subject to this ADR
process as they deem necessary for a just resolution of the dispute, consistent with the
parties’ goal of the prompt and efficient resolution of disputes, provided, however, that
the A/E, Owner and Project Professionals shall not be joined as a party to any claim
made by a Job Order Contractor. Nothing herein shall create the right by any party to
assert claims against another party not germane to the Contract or not recognized
under the substantive law applicable to the dispute. Neither the Neutral Evaluator nor
EXHIBIT B

JOB ORDER CONTRACT: ***
Contract No.: 918-**-***
the Arbitration Panel is authorized to join to the proceeding parties not in privity with
the County. Job Order Contractor can not be joined to any pending arbitration
proceeding, without Job Order Contractor’s express written consent, unless Job Order
Contractor is given the opportunity to participate in the selection of the non-County
appointed arbitrator.
1.4.11 Appeal. Any party may appeal (i) errors of law by the Arbitration Panel if, but only if,
the errors arise in an award in excess of one hundred thousand dollars ($100,000); (ii)
the exercise by the Chairman or Arbitration Panel of any powers contrary to or
inconsistent with the Contract; or (iii) on the basis of any of the grounds provided in
A.R.S. § 12-1512. Appeals shall be to the Maricopa County Superior Court within fifteen
(15) calendar days of entry of the award. The standard of review in such cases shall be
that applicable to the consideration of a motion for judgment notwithstanding the
verdict, and the Maricopa County Superior Court shall have the authority to confirm,
vacate, modify or remand an award appealed under this section, but not to conduct a
trial, entertain the introduction of new evidence or conduct a hearing de novo.
1.4.12 Uniform Arbitration Act. Except as otherwise provided herein, binding arbitration
pursued under this provision shall be governed by the Uniform Arbitration Act as
codified in Arizona in A.R.S. § 12-1501, et seq.
1.4.13 Fees and Costs. Each party shall bear its own fees and costs in connection with any
informal hearing before the Neutral Evaluator. All fees and costs associated with any
arbitration before the Arbitration Panel, including without limitation the Arbitration
Panelists’ fee, and the prevailing party’s reasonable attorneys’ fees, expert witness fees
and costs, will be paid by the non-prevailing party, except as provided for herein. In no
event shall any Arbitrator’s hourly fees be awarded in an amount in excess of $200 per
hour and (i) costs shall not include any travel expenses in excess of mileage at the rate
paid by Maricopa County, not to exceed a one way trip of 150 miles, and (ii) all travel
expenses, including meals, shall be reimbursed pursuant to the travel policy of Maricopa
County in effect at the time of the hearing. The determination of prevailing and non-
prevailing parties, and the appropriate allocation of fees and costs, will be included in
the award by the Arbitration Panel. Fees for the Neutral Evaluator shall be paid by
Owner.
1.4.14 Confidentiality. Any proceeding initiated under ADR shall be deemed confidential to
the maximum extent allowed by Arizona law and, except for disclosures to a party’s
attorneys or accountants, no party shall make any disclosure related to the disputed
matter or to the outcome of any proceeding except to the extent required by law, or to
seek interim equitable relief, or to enforce an agreement reached by the parties or an
award made hereunder.
1.4.15 Equitable Litigation. Notwithstanding any other provision of ADR to the contrary, any
party can petition the Maricopa County Superior Court for interim equitable relief as
necessary to preserve the status quo and prevent immediate and irreparable harm to a
party or to the Owner’s Capital Improvement Program pending resolution of a dispute
pursuant to ADR provided herein. No court may order any permanent injunctive relief
except as may be necessary to enforce an order entered by the Arbitration Panel. The
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JOB ORDER CONTRACT: ***
Contract No.: 918-**-***
fees and costs incurred in connection with any such equitable proceeding shall be
determined and assessed in ADR.
1.4.16 Change Order. Any award in favor of the Job Order Contractor against the County or in
favor of the County against the Job Order Contractor shall be reduced to a Change Order
and executed by the parties in accordance with the award and the provisions of this
Contract.
1.4.17 Merger and Bar. Any claim asserted pursuant to this ADR process shall be deemed to
include all claims, demands, and requests for compensation for costs and losses or other
relief, including the extension of the Contract performance period which reasonably
should or could have been brought against any party that was or could have been
brought into this ADR process, with respect to the subject claim. The Arbitration Panel
shall apply legal principles commonly known as merger and bar to deny any claim or
claims against any party regarding which claim or claims recovery has been sought or
should have been sought in a previously adjudicated claim for an alleged cost, loss,
breach, error, or omission.
END OF EXHIBIT
EXHIBIT B

JOB ORDER CONTRACT: ***
Contract No.: 918-**-***
EXHIBIT C
MARICOPA COUNTY
SMALL BUSINESS ENTERPRISE PROGRAM
CMR CONTRACTING REQUIREMENTS
PART 1 PURPOSE
1.1 It is Maricopa County’s policy to provide Small Business Enterprises (SBE) with the
opportunity to participate in the County’s solicitation process and to be considered to fulfill
the requirements for various commodities and services. This contract has no requirement
for utilization of SBEs, however it does require that utilization of SBE firms by CMR be
reported for tracking by the County.
PART 2 REPORTING APPLICABLE TO USE OF SBEs.
2.1 SBE CMR: An SBE CMR may indicate the SBE participation for that portion of the contract
that they themselves perform, plus those portions subcontracted to other SBE firms.
2.2 SBE Subcontractor: The SBE amount will be based on that portion (dollar value) of the
contract that the SBE Subcontractor performs.
2.3 SBE – Non-SBE Joint Venture: A joint venture consisting of SBE participation and non-SBE
participation, functioning as a CMR, may list the SBE participation on the basis of the
percentage of profit accruing to the SBE firm.
2.4 Lower Tier Non-SBE Participation: SBE Subcontractors proposing to further subcontract to
non-SBE Contractors shall not have that portion of subcontracting activity considered when
determining SBE participation.
2.5 SBE Suppliers: Any SBE Supplier that manufactures or substantially alters the material or
product it supplies will have that portion of activity considered when determining SBE
participation.
2.6 SBE Trucking: trucking by SBEs will be the amount to be paid when the SBE trucker has
performed the trucking with his/her trucks, tractors, and employees or when an SBE
trucking broker has signed agreements with SBE truckers.
PART 3 REQUESTS FOR PAY
3.1 Each Request for Payment, including the final Request for Payment must be accompanied by
a Maricopa County SBE Program Participation Report in the form as provided in Attachment
1 to this Section.
PART 4 ATTACHMENTS
4.1 Attachment 1: SBE Participation Reporting Form (1 page).
END OF SECTION
00810-1

JOB ORDER CONTRACT: ***
Contract No.: 918-**-***
Maricopa County Small Business Enterprise Program
Participation Reporting Form
This form is to be submitted with each pay application or invoice. Any pay application or invoice without this form
attached is subject to rejection as not being a completed pay application or invoice pursuant to the terms of the
contract.
_____________________________ ___________________________________
Name of Prime Consultant/Contractor Contract No.
_____________________________ ___________________________________
Contact Person Project No.
_____________________________ $__________________________________
Street Address Amount of this Pay Application/Invoice
_____________________________
City, State ZIP
Complete below with information on the SBE firms utilized as subconsultants/subcontractors for this pay
application/invoice. If work was self-performed and your firm, as the prime, is an SBE firm pursuant to A.R.S. § 41-
1001, et seq., then you may list your firm as the SBE firm.
SBE Firm Name SBE Firm Address Type of Work Performed $ Pd to SBE this App/Inv
$
$
$
$
$
$
$
$
$
$
□ A mark in this box certifies that no SBE firms were utilized as the prime, subconsultant or subcontractor with
respect to this pay application/invoice.
Date: ____________________________ ___________________________________________
Signature
Phone No.: _______________________ ___________________________________________
Printed Name

JOB ORDER CONTRACT: ***
Contract No.: 918-**-***
JOB ORDER CONTRACTING
REQUEST FOR PROPOSAL
PROJECT: DATE:
TO CONTRACTOR: REQUEST NO:
CONTRACT FOR: CONTRACT NO:
Please submit an itemized quotation for the requested work in accordance with Contract
Documents.
THIS IS NOT A TASK ORDER NOR A DIRECTION
TO PROCEED WITH THE WORK DESCRIBED HEREIN.
DESCRIPTION: (Written description of the work)
ATTACHMENTS: (List attached documents that support description)
INITIATED BY: DATE:

JOB ORDER CONTRACT: ***
Contract No.: 918-**-***
EXHIBIT F
PERFORMANCE BOND AND PAYMENT BOND
PART 1 GENERAL
1.1 DESCRIPTION
1.1.1 All bonds must be pursuant to A.R.S. Title 34, Chapter 6, Article 1, and executed solely
by a surety company or companies holding a Certificate of Authority to transact surety
business in Arizona, issued by the Director of the State of Arizona Department of Insurance.
1.1.2 Bonds executed by an individual surety or sureties are not in compliance with Arizona
Revised Statutes.
1.1.3 The use of the Owner-supplied bond forms is required.
1.2 SUBMITTALS
1.2.1 Submit a completed copy of the Statutory Performance Bond within ten (10) days of the
date of the Notice of Intent to Award letter. Bonds must be for the full amount of the annual
contract value and valid for one year. Bonds must be reissued each year for the full amount of
the annual contract value.
1.2.2 Submit a completed copy of the Statutory Payment Bond within ten (10) days of the
date of the Notice of Intent to Award letter. Bonds must be for the full amount of the annual
contract value and valid for one year. Bonds must be reissued each year for the full amount of
the annual contract value.
END OF SECTION

JOB ORDER CONTRACT: ***
Contract No.: 918-**-***
STATUTORY PERFORMANCE BOND
PURSUANT TO TITLE 34, CHAPTER 6, ARTICLE 1, OF THE ARIZONA REVISED STATUTES
(Penalty of this bond must be 100% of the contract amount)
KNOW ALL MEN BY THESE PRESENTS:
That, ________________________________________(hereinafter called the Principal), as Principal, and the
_____________________________________, a corporation duly organized under the laws of the State of
__________________, with its principal office in the City of _________________ hereinafter called the Surety), as
Surety are held and firmly bound unto Maricopa County (hereinafter called the Obligee), in the amount of
__________________________________________________________
________________________ ($___________________________) for the payment whereof, the said Principal and
Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally,
firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the _______ day of
____________, 20____, to services as outlined in the Job Order Contract, Contract No. 918- , which contract
is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THE OBLIGATION IS SUCH, that if the Principal faithfully performs and
fulfills all of the undertaking, covenants, terms, conditions, and agreements of the contract during the original
term of the contract and any extension of the contract with or without notice to the Surety, and during the life of
any guaranty required under the contract, and also performs and fulfills all the undertakings, covenants, terms,
conditions, and agreements of all duly authorized modifications of the contract that may hereafter be made,
notice of which modifications to the Surety being hereby waived, the above obligation is void. Otherwise it remains
in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 6, Article 1,
Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions of
Title 34, Chapter 6, Article 1, Arizona Revised Statutes to the extent as if it were copied at length in this agreement.
The prevailing party in a suit on this bond shall be entitled as part of the judgment reasonable attorney’s fees as
may be fixed by the judge of the court.
Witness our hands this __________day of __________________, 200___.
AGENCY OF RECORD, STATE OF ARIZONA PRINCIPAL
BY:
AGENCY ADDRESS TITLE:
SURETY
BY:
TITLE:
BOND NUMBER_______________________ ATTACH SURETY POWER OF ATTORNEY

JOB ORDER CONTRACT: ***
Contract No.: 918-**-***
STATUTORY PAYMENT BOND
PURSUANT TO TITLE 34 CHAPTER 6, ARTICLE 1 OF THE ARIZONA REVISED STATUTES
(Penalty of this bond must be 100% of the contract amount)
KNOW ALL MEN BY THESE PRESENTS:
That, ________________________________________(hereinafter called the Principal), as Principal, and the
_____________________________________, a corporation duly organized under the laws of the State of
__________________, with its principal office in the City of _________________ (hereinafter called the Surety), as
Surety are held and firmly bound unto Maricopa County (hereinafter called the Obligee), in the amount of
________________________
_______________________________ ($___________________) for the payment whereof, the said Principal and
Surety, bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally,
firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the _______ day of
___________, 20____, to provide services as outlined in the Job Order Contract, Contract No. 918- which
contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THE OBLIGATION IS SUCH, that if the Principal faithfully performs and
fulfills all of the undertaking, covenants, terms, conditions, and agreements of the contract during the original
term of the contract and any extension of the contract with or without notice to the Surety, and during the life of
any guaranty required under the contract, and also performs and fulfills all the undertakings, covenants, terms,
conditions, and agreements of all duly authorized modifications of the contract that may hereafter be made,
notice of which modifications to the Surety being hereby waived, the above obligation is void. Otherwise it remains
in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 6, Article 1,
Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions of
Title 34, Chapter 6, Article 1, Arizona Revised Statutes to the same extent as if it were copied at length in this
agreement.
The prevailing party in a suit on this bond shall be entitled as part of the judgment reasonable attorney’s fees as
may be fixed by the judge of the court.
Witness our hands this ___________ day of _______________, 200___.
AGENCY OF RECORD, STATE OF ARIZONA PRINCIPAL
BY:
TITLE:
AGENCY ADDRESS
SURETY
BY:
TITLE:
BOND NUMBER________________________ ATTACH SURETY OF POWER OF ATTORNEY

JOB ORDER CONTRACT: ***
Contract No.: 918-**-***
EXHIBIT G
TECHNICAL PROPOSAL DATED
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JOB ORDER CONTRACT: ***
Contract No.: 918-**-***
EXHIBIT H
SUDAN OR IRAN BUSINESS OPERATIONS CERTIFICATION
(date)
Maricopa County
Facilities Management Department
401 West Jefferson Street
Phoenix, Arizona 85003
The undersigned certifies that pursuant to Arizona Revised Statutes § 35-397, the below entity does not
have a scrutinized business operation in either Sudan or Iran.
________________________________
(firm) ________________________________
(address)
________________________________ ________________________________
(signature required) (Phone)
________________________________ ________________________________
(print name) (fax)
________________________________ ________________________________
(print title) (Federal Taxpayer ID Number)

JOB ORDER CONTRACT: ***
Contract No.: 918-**-***
EXHIBIT I
LEGAL WORKER CERTIFICATION
_____________________
(date)
Maricopa County
Facilities Management Department
401 West Jefferson Street
Phoenix, Arizona 85003
As required by Arizona Revised Statutes §41-4401, Maricopa County (the “County”) is prohibited, after
September 30, 2008 from awarding a contract to any contractor who fails, or whose subcontractors fail,
to comply with Arizona Revised Statutes § 23-214-A. The undersigned entity warrants that it complies
fully with all federal immigration laws and regulations that relate to its employees, that it shall verify,
through the employment verification pilot program as jointly administered by the U.S. Department of
Homeland Security and the Social Security Administration or any of its successor programs, the
employment eligibility of each employee hired after December 31, 2007, and that it shall require its
subcontractors and sub-subcontractors to provide the same warranties to the below entity.
The undersigned acknowledges that a breach of this warranty by the below entity or by any
subcontractor or sub-subcontractor under any Contract resulting from this solicitation shall be deemed
a material breach of the Contract, and is grounds for penalties, including termination of the Contract, by
the County. The County retains the right to inspect the records of the below entity, subcontractor and
sub-subcontractor employee who performs work under the Contract, and to conduct random
verification of the employment records of the below entity and any subcontractor and sub-
subcontractor who works on the Contract, to ensure that the below entity and each subcontractor and
sub-subcontractor is complying with the warranties set forth above.
________________________________
(firm)
________________________________
(address)
________________________________ ________________________________
(signature required) (Phone)
________________________________ ________________________________
(print name) (fax)
________________________________ ________________________________
(print title) (Federal Taxpayer ID Number)

JOB ORDER CONTRACT: ***
Contract No.: 918-**-***
EXHIBIT J
JOB ORDER CONTRACTOR CONTACT LIST
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